Where an employee is summoned to appear as a witness in a criminal court case, is the employer required to pay the employee for the time spent away from the workplace?
The employer is under no statutory obligation to pay the employee's normal salary while they are absent from work attending court to appear as a witness. Any payment of wages in these circumstances is a contractual matter or, if there is no contractual right to payment, is at the employer's discretion. The employee is entitled to claim an allowance for lost wages, meals, travel expenses and other financial loss - such as essential childcare - from the court system. In order to make a claim, the employee will be required to fill in a claim form.