Payment for being a witness at employment tribunal

[hatsoff234]

My former employer has asked me to support them by being a witness at an employment tribunal which I’m happy to do. However the tribunal could last four days which is a significant part of my annual leave at my current job.

From googling it seems that it is quite normal for the former company to pay for my time, although that hasn’t been offered. Does anyone here know if it is normal to be paid? I will
take the time off my current role as unpaid leave if I can.

you won’t be needed for all 4 days. Their legal team should be able to narrow it down to 2 days at the most and IME if they explain the situation, the Panel would work to hear your evidence on a given day.

you should absolutely ask to be paid and have your expenses covered

Thank you very much

Do you know all the details of the case? Do you actually want to support them?

I have a good relationship with the company and I’m happy to support. I do know the case details because we met with the lawyer this week so I feel comfortable. (I’m a minor witness in the case).

Yes ask them to cover your expenses and your pay since you’ll be using annual leave.

They don’t have to agree but they are likely to since they need you as a friendly witness. If you don’t agree they can obtain a witness order to compel you to attend but then you will be a hostile witness for them.

Thank you

Have you been told you need to attend at all?

I’m not well up on ET procedure but in civil cases generally witness statements are prepared and exchanged beforehand (have you made a witness statement?) and the two sides will agree in advance about who will be examined orally and whose evidence will not be challenged. If witness evidence is unchallenged the witness needn’t go to court.

You could ask your old firm’s lawyers what the position is.

Thank you, yes statements have been prepared and the lawyer does think ill be questioned

Thanks. How far away is the hearing? It might turn out that you won’t need to attend. I’d check in with the lawyers in good time. Both parties’ lawyers should be sorting out witness attendance well before the day(s).

@hatsoff234 I was paid my normal pay rate, which I was happy with, this included prep time.