Employer to pay me whilst I'm on jury service???

amybroom

I am currently on jury service and am in dispute with my employer as I think that they should be paying me rather than claiming through the court (the court loss of earnings does not fully cover my normal wage).

In April last year I was TUPE transferred from one employer to another. As part of the transfer process we were told and I have a letter from the new company saying that my terms and conditions of employment would be protected for at least 12 months. In my contract of employment it states under the paragraph titled special leave that it will be granted in accordance with the company special leave policy (old employer). I printed off this policy and my contract as the policy says that the company will pay for 2 weeks jury service. However my new operations manager said that they will not pay me and I have to claim through the court. I have disputed this and am still waiting for there HR to get back to me as they have never heard of this request before because of the TUPE transfer. I have already started my jury service and I'm still waiting for a reply.

As I said before I sent my new managers a copy of my contract and the section that's says terms and conditions highlighted, a copy of the letter new company sent me saying terms and conditions of employment protected and a copy of the old companies policy and procedure that says that jury service to be paid for 2 weeks.

What should I do am I incorrect in thinking that they should pay me.

19lottie82

edit......... Sorry I didn't read the full post.

TBagpuss

Yes, if your original contract says you will be paid for up to 2 weeks jury service, and your TUPE contract says that your original contract applies for the 1st 12 months, then it is reasonable to expect them to pay.
However, it may also be sensible to make the claim to the court and then ask your employers to cover the shortfall between what the court will pay and what your normal wages would be.

sangie595

TBagpuss wrote: »

However, it may also be sensible to make the claim to the court and then ask your employers to cover the shortfall between what the court will pay and what your normal wages would be.

This would actually be normal practice where employers pay full wages - they still require you to make a claim and then top it up. You may find that your former employers policy actually said this - there is a difference between policy and the terms stated, and policy usually informs how the terms are constituted.

amybroom

Hi my original employers policy said full pay for 2 weeks and I was also responsible for roster creating so know this was the case. My new employers policy says to claim and top up up through employer. My contract says special leave is granted as per policy and gives the location of policy. It is just annoying me that it is something that they should know but are so tight and won't pay.

Takeaway_Addict

amybroom wrote: »

Hi my original employers policy said full pay for 2 weeks and I was also responsible for roster creating so know this was the case. My new employers policy says to claim and top up up through employer. My contract says special leave is granted as per policy and gives the location of policy. It is just annoying me that it is something that they should know but are so tight and won't pay.

So your new employer is going to top up your wages to your full amount? So why are you picking a fight on this?

whitewing

Maybe the court take longer to pay than the normal payment date of the salary?

Savvy_Sue

TBagpuss wrote: »

However, it may also be sensible to make the claim to the court and then ask your employers to cover the shortfall between what the court will pay and what your normal wages would be.

I'd definitely recommend this.

amybroom wrote: »

Hi my original employers policy said full pay for 2 weeks and I was also responsible for roster creating so know this was the case. My new employers policy says to claim and top up up through employer. My contract says special leave is granted as per policy and gives the location of policy. It is just annoying me that it is something that they should know but are so tight and won't pay.

If the end result is the same, I wouldn't dig your heels in. Can you say, for definite, that the old employer did not also require people to claim and then top up to full pay? Several of us think this is the normal way of going about things.

whitewing wrote: »

Maybe the court take longer to pay than the normal payment date of the salary?

Unlikely. In my experience the court payment is prompt.

arthurdick

Savvy_Sue wrote: »

I'd definitely recommend this.

If the end result is the same, I wouldn't dig your heels in. Can you say, for definite, that the old employer did not also require people to claim and then top up to full pay? Several of us think this is the normal way of going about things.

Unlikely. In my experience the court payment is prompt.

I will second that, I got my payment from the court within 6 days.

amybroom

Takeaway_Addict wrote: »

So your new employer is going to top up your wages to your full amount? So why are you picking a fight on this?

No new employer just said to claim through the court until I disputed. I'm still waiting for HR to get back to me. I said I need my full wage which ever way I get it. I did notify them in November about this and I've been chasing ever since. I've not even had my signed claim
firm back to submit to the court.

Takeaway_Addict

amybroom wrote: »

No new employer just said to claim through the court until I disputed. I'm still waiting for HR to get back to me. I said I need my full wage which ever way I get it. I did notify them in November about this and I've been chasing ever since. I've not even had my signed claim
firm back to submit to the court.

I don't get why you said this then

My new employers policy says to claim and top up up through employer

It sounds like you claim what you can from the courts and they will top the difference up to your full wage....is that not right then?