Jury Duty / Shift Work / attendance at work?

liviboy

Hi all,

Not sure what the most appropriate forum would be for this...

Asking on behalf of my wife.

She’s been cited for Jury Duty (Scotland).

She is a shift worker though and we have a question about expectations of the court for attending work.

Her shifts this week are 0300-1200 and the Juror’s attendance line state she must attend at 2PM tomorrow.

Would she be expected by the court (NOT her employer) to attend her work (so waking at 1am) for her full shift before attending formjjry service? She has been the same shift yesterday and today if that makes a difference.

Thanks in advance!

74jax

I don't think the court will have any expectations regarding what time she gets up etc?

Did she inform her work she was at court this week?

liviboy

Yes her work are aware she’s at work and have made arrangements for her shifts to be covered for 2 weeks initially just in case she’s selected. She’ll be paid.

On the Certifictae of Loss of Earnings, the employer wrote depending on the release time and depending on her shift she *could* return to work.

This would be fine if she was backshift and was released at 3pm so she could attend afterwards.

The question is if it is expected by the court that she attend her full shift prior to her attendance at court? She is normally shattered and has an afternoon nap when she’s on this very early start section of her roster.

need_an_answer

My understanding is that whilst on jury service you are entitled to paid leave from work.

I am unsure about the Scottish system but that is my understanding of the situation in England

Tigsteroonie

Surely she's not expected to work on the same calendar day that she starts Jury Duty? Her absence from work should start on that day.

liviboy

I’d agree with you, but I can’t see that written anywhere. The Loss of Earnings certificate asks for her shift so as she has been called to attend at 2pm and her shift finishes at 12 she wouldn’t be entitled to a court payment (her employer pays her full salary but deducts the lumber received from court). It’s very ambiguous on the paperwork, hence the question.

liviboy

This is the Loss of Earnings certificate in case it’s different to E&W: http://www.scotcourts.gov.uk/docs/default-source/coming-to-court/jurors/certificate-of-loss-of-earnings.pdf?sfvrsn=4

74jax

The form states they must be fit for jury service and not expected to work a shift before the day in court?

liviboy

It says they shouldn’t work night shift... an 0300 start is classed as an “early” and not a “night” shift.

London50

She is expected by the court that she attends for jury service,it is down to her employer to sort out cover for the dates she goes and IMO should not have put her on the shift she has but I think it is too late now for any changes {work wise}

74jax

liviboy wrote: »

It says they shouldn’t work night shift... an 0300 start is classed as an “early” and not a “night” shift.

It says here night shift hours are until 6am, though I didn't read enough to see if it applies to Scotland.

However the form clearly states she must be able to turn up fit and alert for her court duty. If she doesn't feel she will be then she needs to sort that out. But at such short notice.......

https://www.gov.uk/night-working-hours

Surely though she would have had more notice than this to sort it all out?