Boss who made me redundant asked me to be witness in court case- do I need to attend?

thecuriouselk

Looking for some advise on a legal issue.

10 months ago I was let go from a job I was in for 16 months after a change in management. I was told that I had a case against the employer due to some of the issues around my dismissal. I chose not to proceed with it as I hadn't the resources or time to be involved in a legal process. Anyway, I diligently handed over all duties and left the company behind.

It was a mixed blessing. I thought some of the decisions being made at the company were bonkers and knew I wouldn't be able to work with the new manager long term, which was a pity. I had seen a lot of potential in the company but this potential was being squandered by poor decisions. Everything I have seen since then has borne this out, so glad to be gone. I have moved on to fresher pastures and thought I had put this all behind me.

This week my former boss got in touch with me with regards a pending court case against the company in which I have been named as a witness. It's a civil case where the company is being sued for matters that occurred before I started working there. It's wholly unrelated to any of the issues I had with the company.

I had engaged with the legal matters as part of my old job prior to when the new manager started (they took over the legal responsibilities at that stage). So i was initially involved in this process. I had thought that my name would be removed after I left. I wasn't going to be around and to be frank, given how it panned out, I wouldn't want to give them the steam off my piss, let alone help them by being a witness in court.

So am I obliged to attend? Is there anything that they can do to compel me? Do I need to respond or can I just ignore?

Attending would require giving up 2 days work, I'm on a daily rate at the moment, so basically only get paid for the days I work. I definitely don't want to give up any time unless I absolutely have to.

I don't want to waste a second of my time on this one and don't want to help them out at all (which is why its bizarre to think they are relying on me to be a witness!!!)

Any advice on what to do/what not to do would be great.

chops018

They could subpoena you to attend as a witness, but this document would have to be served on you and it would cover your reasonable expenses for attending.

If you receive one of these and you don't attend you could be held in contempt of Court.

MarkAnthony

Offer to attend for a fee?

4ensic15

MarkAnthony wrote: »

Offer to attend for a fee?

That would be illegal. A witness can only look for reasonable expenses.

Fred Swanson

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4ensic15

Fred Swanson wrote: »

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Expert witnesses are independent. They can't be paid to give particular testimony. The o/p is clearly not an expert witness and would be called to prove facts by one side. He is perfectly free to say that he will attend if his reasonable travel outlays and loss of earnings are paid in advance.

coylemj

thecuriouselk wrote: »

This week my former boss got in touch with me with regards a pending court case against the company in which I have been named as a witness. It's a civil case where the company is being sued for matters that occurred before I started working there. It's wholly unrelated to any of the issues I had with the company.

Don't under any circumstances take time off work and attend court in a civil case unless you get a letter from the solicitors acting for the side which wants you there as their witness. When you get such a letter, inform them of how you will be at the loss of 1-2 days' earnings and you want this money and reasonable expenses (travel, meals etc.) paid upfront. The lawyers will be paid for their time, make sure you are as well.

When they see that you're not just going to show up as a freebie, they will probably decide that they don't really need you after all. If you accept an informal invitation to attend, they will keep you sitting on the benches for days on end with no regard to the inconvenience and cost to you.

Uno my Uno.

In a civil case no person is Under any obligation to appear as a witness and they cannot be compelled to appear.

A person asked to appear but who does not wish to attend could either ignore the letters or politely decline saying that they are unavailable.

4ensic15

Uno my Uno. wrote: »

In a civil case no person is Under any obligation to appear as a witness and they cannot be compelled to appear.

A person asked to appear but who does not wish to attend could either ignore the letters or politely decline saying that they are unavailable.

A person who is subpoenaed must appear. A subpoena is an order of the court to attend. In some case even people who agree to attend are subpoenaed. The person might not give helpful evidence if they are forced to appear. They can't be led in evidence so it might be difficult to get the evidence from them.

Victor

Are such witnesses entitled to payment for reading-up time?

Are you sure the OP isn't an independent witness, if they only started working there after the material events?

ExMachina

4ensic15 wrote: »

A person who is subpoenaed must appear. A subpoena is an order of the court to attend. In some case even people who agree to attend are subpoenaed. The person might not give helpful evidence if they are forced to appear. They can't be led in evidence so it might be difficult to get the evidence from them.

Can they be treated as a hostile witness though?

ExMachina

coylemj wrote: »

Don't under any circumstances take time off work and attend court in a civil case unless you get a letter from the solicitors acting for the side which wants you there as their witness. When you get such a letter, inform them of how you will be at the loss of 1-2 days' earnings and you want this money and reasonable expenses (travel, meals etc.) paid upfront. The lawyers will be paid for their time, make sure you are as well.

When they see that you're not just going to show up as a freebie, they will probably decide that they don't really need you after all. If you accept an informal invitation to attend, they will keep you sitting on the benches for days on end with no regard to the inconvenience and cost to you.

I may be wrong but I doubt if the solicitor would write to OP but just have him/her served with subpoena

percy212

If you don't want to go, just say it will be difficult for you to keep emotions out of your testimony, as you were made redundant by said company. You won't hear from them again.

MarkAnthony

4ensic15 wrote: »

That would be illegal. A witness can only look for reasonable expenses.

Very possibly, great example of why legal advice isn't allowed here. That aside any links for my enlightenment please (or academic sources - here to learn when I'm not pontificating or giving people a bum steer). I don't doubt your correct I just have a vague recollection of something from contract law, probably dating back to 1300.

Thanks for the correction any how.

coylemj

ExMachina wrote: »

I may be wrong but I doubt if the solicitor would write to OP but just have him/her served with subpoena

I think you are wrong. Why would you slap a subpoena on someone before you've made some attempt to figure out what they might say in the witness box? It would be a very poor lawyer who'd call someone to give evidence in a case without first consulting with them as to their version of events.

I hasten to add that I'm not talking about coaching a prospective witness, just that you wouldn't call someone in a civil case if their evidence wasn't going to improve your chances of coming out on top.

Fred Swanson

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Fred Swanson

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ExMachina

Fred Swanson wrote: »

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correct i am wrong

ExMachina

coylemj wrote: »

I think you are wrong. Why would you slap a subpoena on someone before you've made some attempt to figure out what they might say in the witness box? It would be a very poor lawyer who'd call someone to give evidence in a case without first consulting with them as to their version of events.

I hasten to add that I'm not talking about coaching a prospective witness, just that you wouldn't call someone in a civil case if their evidence wasn't going to improve your chances of coming out on top.

you are correct in your first sentence. apology

Oryx

Fred Swanson wrote: »

You don't put someone on the stand unless you know what they are going to say first.

Twice my business partner has been subpoenaed to give evidence as a witness in civil cases without warning. In the first instance a paltry cheque came with the subpoena, in the second he managed to agree expenses after it came. Neither solicitor seemed to care that being forced to take unpaid days off to attend might not make him the best witness for their case.

billy few mates

It could be a great opportunity to 'settle your differences'.....

walshyn93

They've got some neck. I would, in the politest and most legally sound way, tell them to stuff it.

Without being too specific, what kind of info do they need from you?

billy few mates

I would definitely take the stand....