Time off work and expenses: Witnesses
Does my employer have to give me time off to attend court?
Section 34 of the Employment Protection Ordinance 1989 states an employer shall permit time off work for:
- A witness (any court)
- Juror (any court)
- Defendant
- Parent or guardian of a defendant who is a youth
In relation to witnesses or jurors the person must be summoned to attend.
In relation to a defendant or parent/guardian of a youth defendant they must be summoned or otherwise required to attend, eg bailed.
The legislation does not provide that this will be paid time off.
Your employer may have a policy about leave and entitlement to pay for attendance at court.
Can I claim expenses?
The Administration of Justice (Payments to Jurors and Witnesses) Rules 2016 makes provision for jurors and witnesses to claim expenses for their attendance at court.
The Rules do not allow for the payment of expenses for those employed by the Crown (which includes the Falkland Islands Government).
What and how much can be claimed?
- The scales and rates are determined by the Attorney General with consent of the Financial Secretary and must be published in the Gazette.
- Below from 28 April 2016:
| Loss of Earnings |
For loss of earnings, you must show that you have suffered a financial loss eg your employer did not pay you because you are a casual worker or if self-employed someone was actually employed to substitute whilst you were away. These are not the only examples and any loss you have actually suffered will be considered by the Court but you should provide evidence to support your claim. Your actual costs will be reimbursed up to the maximums set out below. The court will require you to provide a certificate of loss of earnings which must be signed by your employer. Claims: During the first ten days attendance: (a) of up to four hours £40 (b) over four hours £80 Day eleven onwards: (a) of up to four hours £60 (b) over four hours £120 |
| Food and Drink |
Daily rate - up to 5 hours - £5 Daily rate - over 5 hours - £15 |
| Carer Allowance | You may also claim this if you are the primary carer for a child or dependent adult and you have to pay for alternative care because of your attendance at court. |
| Travel |
Public transport including air travel (standard/economy class travel only at cost). Motorcycle or car 40 pence per mile (where more than one person travels together only the driver may claim). Taxis (may only be claimed with the prior permission of the court). If permission is given the actual fare without gratuity will be paid. A receipt must be produced. |
