Jury Service: Attending against employer's wishes.

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I've received a summons for Jury duty. I complied with the law and replied within 7 days saying I have no intention of deferring. I want to do it.

I told my employer the day I received the notice and my line manager commenced steps to take me out of the rota.

Fast forward to yesterday - my manager's line manager is now on his back to get on mine, to 'pursuade' me not to go. They are claiming it will hurt them operationally (we're short staffed). However, I think I need to do it now, rather than later.

We get busier as the summer arrives and staff go on leave, so deferring to spring/summer won't help. Deferring to the latter part of next year (autumn/winter) won't be much different workload wise to now. In fact, it could be worse as the station is being closed and there'll be a lot of stuff happening. I'm also being made redundant at the end of next year. I do not want to be serving on a Jury whilst going through the very emotional and disturbing process of my workplace closing and losing my job. I could be on a murder case for all I know!

I've explained my reasoning for wanting to do it now, rather than later, but they are being difficult and not to sound too dramatic, I feel bullied. I need to choose my words carefully here...they have pointed me in the direction of the government website and in particular one section:

If you’re sacked because you do jury service you may be able to claim unfair dismissal. However, if your employer asks you to delay jury service and you refuse, you may not be able to claim unfair dismissal.
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In my mind, the very fact they've highlighted that part suggests it's an option they're considering and 'warning' me of. That's the way I received and interpreted the communication. Although they'll, of course, deny any such 'threat'.

The ACAS website has this to say:

The law gives employees the right to time off and not to be dismissed or treated detrimentally because they serve on a jury. They also have the right not to be selected for redundancy, where the reason is connected to their jury service. Employees can also bring a claim for unfair dismissal in relation to jury service by making a complaint to an employment tribunal if they are dismissed or suffer detriment for taking time off for jury service.
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I feel very strongly about performing my duty and going on Jury service. I've explained my reasons for wanting to do it now and why I think it's better than deferring, but I fear they are going to take it to the next level and I'm starting to get stressed and go on the defensive.

I just wondered if there are any legal-eagles out there? Any one had any experience of Jury duty and specifically dealing with a reluctant employer? Care to speculate on the chances of them actually dismissing me?

I'm in the union, so will be talking to them. I'm also thinking about calling ACAS this afternoon.

I forgot - I actually spoke with the court yesterday morning (I emailed them my concerns and they called me back) and they were astounded at what I'm being put through and told me a 3rd party cannot defer on my behalf. They will simply ignore any communication coming from my employer if it's unsolicited/not via me. However, that was before learning of the unfair dismissal 'issue' and that point was not discussed them.

To top it all off - I'm a crown employee.
 
Did you reply to your jury letter after your manager told you it was ok?

If that was so I'd guess they can't threaten you with dismissal as your manager already gave you the green light.

You should definitely consult with your union rep as it sounds like a threat to a reasonable person, that is the legal standard you would have to meet to claim protection.
 
I texted my line manager the day I received the summons. It was a Monday and the first day of my 4 days off. He didn't reply and it wasn't discussed face to face until we returned to work on the Friday. I assumed any problem would have been immediately conveyed to me. None were: neither after sending the SMS, nor after discussing it on the Friday.*

As I had to respond within 7 days of the letter (dated the 29th November), and receiving no instructions not to, I filled it in and sent it back straight away.

The paperwork supplied and brief reading online, told me my employer was obliged to release me, so I didn't foresee any issues. The fact I'm a crown employee being asked to 'serve the crown' through Jury duty, again led me to think there would be no problem.

*With reference to my line manager - he's a nice chap and I think he's simply a messenger. I get the impression he is being lent on from above. I don't actually want to make his life difficult. But at the same time, I shouldn't have been placed in this stressful position.
 
Castiel said:
What's more important to you, jury service or your job?
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That's a very good point and something that is forefront in my mind. But don't forget - I'll be out of a job within 12 months anyway. So the question is really, 'What's more important to you, jury service or your redundancy payout?'

But answer me this - is it right to let an employer bully you into a course of action you disagree with? To imply if you don't, you could be dismissed?

If I were in the private sector I'd be more worried and probably cave in, as they can sack people apparently with impunity. However, I'm not. I'm a civil servant and there are more rules/rights/protections.
 
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Is your redundancy worth sticking around for? Unless you're planning on the money to tide you over I would just go ahead and continue with jury duty. They couldn't give a bad reference over that and I think they'd still be in trouble to cause problems if you don't defer.

My advise to you is go speak to the citazenship advise bureau or a lawyer if you know one.
 
I deferred mine, then I asked for it to be deferred indefernatly as we were indeed short staffed in my old job.
 
Castiel said:
What's more important to you, jury service or your job?
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This is like everyone's reply when somebody makes a thread about work on here.

My work is forcing me to work x days over xmas what can i do ?

Answer: Whats more important your job or xmas ?

I'm being bullied at work by my bosses i wanna leave ?

Answer: whats more important your job or money and living ?

The guys asking for advice about what he can do, one line like that doesn't help.


Now back to the topic.

I'd gather as much info as you can from ACAS, CAB, Union and even the court, keep everything documented and explain to the court why you don't want to defer like you have here, atleast if they do sack you, you have a much stronger case against the company, i would be careful though as you are being made redundant in the near future and they'll probably do anything to avoid paying your redundancy pay however big or little it may be.
 
Suck it up and defer the Jury duty. The aggro and stress over "fighting it" will just make it bad for everyone.
 
You were given the green light and sent the form back declaring that you would indeed do jury duty.

How easy is it to rescind this decision? (from the point of the summons as opposed to the manager) as I'd imagine once you've agreed, that is it.

Edit... Tell your union and keep everything noted. The fact they highlighted that option (above) is ridiculous! That basically gives them free reign to sack you whenever they want from this point on. Definitely talk to your union rep.
 
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I assume you are already looking for a new job?

It's a difficult one. If you can defer without issue, do it. I spend many hours preparing cases for criminals and most of the time it ends in disappointment at Court/Sentencing. The fact it is a trial with jury means the person on trial could well be innocent. But consider this - It could be some repeat, could not care less offender going not guilty and going to Trial. Are THEY worth your job?
 
What's the value of the redundancy payout? And since you work in the public sector, I guess an unfair dismissal would go your way anyway, especially since you gave them notice and got the green light originally.
 
Sounds as though they would be happy for you to defer it until you get made redundant. The company should have a policy about time off for public duties - what does it say? Speak to your union rep and record your concerns about your treatment in writing to your boss (email is good) so you have an audit trail if things turn nasty.
 
It causes most employers some hastle when staff get jury service, with modern staffing levels its almost impossible to expect it not to cause some inconvenience.

They should use the defer if its causing significant problems, so I would go back and say why are they asking for it to be deferred, if its got a clear specific reason that seems acceptable then defer. If they cannot come up with a decent explantion then I would proceed.
E.g if they come back with well we may have issues finding cover they are tyring to cop out.
If they come back with, we have tried and cannot find a way to cover your jury service they are being reasonable.
This would provide very good evidence should it go further, you would be able to demonstrate that you acted resonably and they did not.
If they come back with a good reason why they don't want you to do it and how it IS proving impossible to cover your jury service reasonably you should defer in my view.
 
Ask them to put in writing why they would like you to defer and what the consequences of you doing jury service would be.

It may be worth making this request in writing so that you can formally document that you told line manager on X date and heard nothing to the contrary so had to send the form back by Y date.

Then send the employer letter to the court and ask to be deferred.
 
grumpysculler said:
Ask them to put in writing why they would like you to defer and what the consequences of you doing jury service would be.

It may be worth making this request in writing so that you can formally document that you told line manager on X date and heard nothing to the contrary so had to send the form back by Y date.

Then send the employer letter to the court and ask to be deferred.
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This. If they want you to defer, get everything in writing.
 
Yes, get it in writing. Then forward this to the court with your request to defer. If the court say tough, too late, then your able to respond to your employer properly.

You can be totally honest with the court about why you said you could do it and when you were told that you could not, if things go wrong then the paperwork will back you up. I would try and defer though as the "highlighted" text gives them a pretty strong reason to drop you should you just go ahead and do it.
 
I deferred mine till March as we were very busy at the time and still are. I think you can defer it for a specific time but then after that you can be called up the very next day and cannot refuse. For instance i have deferred till mid march and i received a letter afterwards that i have been called on the 17th.
 
The very fact that his job is on the line over something that is mandatory ( and is certainly not chosen by the OP to do just to screw over his employer) just boggles the mind....i just cannot believe some employers...the op also mentioned that he worked for the crown? Could he clarify this?

Heres a crazy notion...maybe the manager should do his job and MANAGE...i cannot believe that the entire business operation depends entirely on 1 person working his shift *shakes head in disbelief*

Ohh and MadMan-JaMeS was right Castiel.


OP have a look here if you haven't already

http://www.official-documents.gov.uk/document/other/9780108508400/9780108508400.pdf

I'm not sure how likely or unlikely it is to be excused from jury duty on the grounds that your employers are so incompetent that they cannot arrange for someone to cover your shift (or arrange temp staff to do so)
 
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