To want my day off?

[Mumma02]

I am a teacher, work 4 days and 1 day off. Been called to court as a witness for a child protection case linked to school on my day off next week when I am already struggling with childcare. Headteacher won't give me an alternative day off even though if I had been called on a day which wasn't my day off, there would have been a supply in my class. Where do I stand?

@willstarttomorrow what are you talking about! If police or sw get called to court on their day off they get paid or given an alternative day off. I would never go to court for free as it's part of my job. I'm in court all the time and I work part time, it's either covered by someone or I go and get paid or take time back. Id be working many many hours for free if that wasn't the case. My manager would never expect me to go on my day off and would cover without question but I do often offer to swap. This exact thing is happening next week. I'm in court on my day off, if offered to go and I'm either asking to be paid or going to take later in the week off.

Also I think the other sw on here has been unusually lucky in not ever having given evidence. I don't know more than one or two occasions where the sw on the case or a representative is not asked to give evidence. Often it's through a solicitor but they still have to be there for briefings and more often than not are asked about their statement by the judge. I have a few police friends who would also be given time back or paid. Its literally work it's their job why would anyone work for free.

I don't know where these sw are working but this is bizarre.

A non-working day on which she is having to work.

She is attending court as part of her professional duty associated with her work at the school. Christ, this is like pulling teeth.

I'm not trying to be unsupportive, just realistic. Legally, your employer doesn’t have to pay you for time off work when you go to court as a witness. You can claim expenses from the court for loss of earnings if you miss a day of work... but OP is not missing a day of work. It is her non-working day. Yes, that sucks, but that's not the Head's fault or his/her responsibility to solve.

If you need to arrange childcare you can claim up to £67 from the court for each day that you’re in court to cover the cost of paying for childcare.

Take a look at the citizens advice website as they cover this in more detail.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/going-to-court-as-a-witness1/

Legally, your employer doesn’t have to pay you for time off work when you go to court as a witness.

How ridiculous you sound. Like a year four child in debate club who has to come up with a counter argument.

She's going as a part of her job.

The childcare was a dripfeed

It is the second sentence of her original post.

Ask the court to switch it to a different day if possible. Or ask to be paid. I would be going to the head teacher and saying if you aren’t compensated for work duties such as this then you won’t be doing them in future.

Insults and name-calling? Great debating style yourself

Telling the headteacher she won't be doing these things in future won't make any difference. It's not the headteacher asking her to do it, it's the court, and she can't just say no.

This is incorrect. OP has not been called for jury service, which is a civic duty. She has to appear in court in a professional capacity because of her involvement in a Safeguarding issue at work. This is absolutely part of her job and in my school she would be given time off for this.

School staff get called for jury duty too you know. But that's not whats happened here, OP has been asked to give evidence in a professional capacity because of a child protection case occurring at her workplace. She is entitled to be paid for her time or to take the time back.

I've not read the whole thread yet, but I think your HT is being a dick about this. If they refuse to give you your day off, I'd quietly accept it and chuck a sickie down the line, on a day that is likely to inconvenience the Head!

She can refuse to make any police statements in future. Tell the head teacher she will stick strictly to teaching and nothing else. Then she won’t get called as a witness. If the head teacher has any more safeguarding problems they will have to handle them by themself.

Exactly this...all these last points! Totally my viewpoint too. It's nice to feel understood so thank you all!