Time off for court.

tori.k

I have been summoned to coroners court in December, I moved departments at work and my GM has now decided that me & HR have to ask for it to be moved as he now wants me at work during that week as it's our busiest time of year, I don't want this to be moved as we have been waiting for this inquest for four year's and it needs to be finalised so the family has some closure.

does anyone know how this works? sorry for my naivety i have no idea how the court system works, if I ask if they can keep the December hearing is there a chance I will end up in disciplinary with work even tho I have to attend by law?

Daedalus

There doesn't seem to be clear information on it. My gut would say the employer has to just suck it up.

Have you been summoned or asked? There is a difference, if you have been summoned as a witness you must attend and the employer can not do anything to stop you.

If you were only asked to attend voluntarily, it might not be clear cut. Have you spoken to the court for guidance?

Uncertain

I assume this is a jury summons?

You can ask to have this postponed if there is a good reason such as a particular work issue.

Ultimately though, if the court won't postpone your jury service you must attend and the employer will have to put up with it. If they were to dismiss you for doing so it would be automatic unfair dismissal.

The same would apply if this is a witness summons (although that would normally be for a shorter time and couldn't be postponed).

marybelle01

Uncertain wrote: »

I assume this is a jury summons?
.

I'm assuming it isn't - most people don't wait for four years for a jury summons or get any closure from it. I'd agree with Daedalus. It depends on whether you are obliged to attend or only want to attend. It may be insensitive of the employer to refuse you going if this is something that affects the family, but I can't see there's any right to time off work to do this. Of course, if you are required to attend you need to contact the court and get this in writing so that the employer realises they have no choice - but in any case, be prepared to have to use holiday or unpaid time off, as I don't think the employer has to pay you.

Uncertain

marybelle01 wrote: »

I'm assuming it isn't - most people don't wait for four years for a jury summons or get any closure from it.

Yes, sorry. Good point I missed that bit.

tori.k

Yes i have to attend as a witness, the courts sent me papers for me to reclaim my lost wages, but work say that they can ask for it to be postponed due to it being our busiest time of year (retail) I have all my annual leave booked for a trip in Jan/Feb so have no available leave left, we also have a blanket ban on leave over December. im hoping they will have to just suck it up, as I will forfeit 6months of my yearly bonus if im under disciplinary, and i can't afford that, but don't want to be in contempt of court if i don't turn in.
I have phoned the court, someone is supposed to call me back i assume they are at lunch.
Many thanks

Uncertain

tori.k wrote: »

Yes i have to attend as a witness, the courts sent me papers for me to reclaim my lost wages, but work say that they can ask for it to be postponed due to it being our busiest time of year (retail) I have all my annual leave booked for a trip in Jan/Feb so have no available leave left, we also have a blanket ban on leave over December. im hoping they will have to just suck it up, as I will forfeit 6months of my yearly bonus if im under disciplinary, and i can't afford that, but don't want to be in contempt of court if i don't turn in.
I have phoned the court, someone is supposed to call me back i assume they are at lunch.
Many thanks

I suspect your work may be confusing this with a jury summons (as I did)!

It is most unlikely the case would be postponed for this reason. Imagine what would happen with a case where there were lots of witnesses to be called. If all asked for postponements it would never happen. With jurors it is easy, they just summons somebody else and you go on the list for another time.

The firm must give you time off (may well be unpaid) to answer a witness summons. Ultimately you could go to prison if you didn't! As far as I know it would be unlawful for the firm to penalise you in any way. Should they do so seek immediate legal advice.

WestonDave

There is a clear difference between moving jury service (where another person from the pool can step in to cover the listed hearing) and moving a listed hearing where you (and you alone) can bear witness to whatever it is you are testifying about - they can't get someone else in to cover for you and moving everyone to another day would be a nightmare.

I suspect the chances of getting it moved for something trivial like your employers unwillingness to get cover in is remote so in a sense there is no harm cooperating with their request to get it moved - that way you look like you've been helpful and its the court that is the "bad guy".

Evilm

The court will laugh at your request and say "tough luck". To be honest they'd usually do the same for a Jury summons - you have to be able to prove a lot more than "we are really busy at this time of year".

I suspect you will have to take of a day unpaid to go. Your employer will just have to put up with it.

Yorkie1

Have you been served with a witness summons or a witness warning? The former carries legal penalties if you do not attend; these will be set out in the document. The latter does not carry legal penalties but I think it would be terribly unfair to the bereaved family (I assume you are an independent witness) to fail to attend and thus delay the inquest.

I would contact the office which has issued the documentation and explain the situation. There is usually scope for an application to be made to move a hearing (although I am not familiar with coroners' inquests in particular, so may be different there).

If they do not move the hearing, and you only have a witness warning, I would ask them to issue you with a witness summons as your employer cannot ignore that - and would be on a very sticky wicket if they sought to discipline you for complying with a legal demand.

If you already have a witness summons then you have no choice but to attend the hearing. You could be arrested, fined or imprisoned for failure to do so.

By the way, how long have you worked for your current employer?