Jury service duty, company pay salary even if hand in notice?

Rony

Hi there,

So I have been summoned for Jury Duty in March 2021. Under company policy, they will pay my salary for the period of the Jury Duty.

However I am also wanting to leave my job, and I know that if you hand in your notice prior to getting a bonus for example, you will not receive the bonus even if your leaving date is after.

So my question is, if I hand in my notice now (3 months notice), can my company decide not to pay my jury duty salary?

Thanks,

TadleyBaggie

Perhaps the salary thing is contractural and the bonus discretionary? what does your employment handbook say?

AskAsk

companies don't have to pay employees during jury duty service, although many opt to do so.  courts re-imburse jurors for the time they are away from work for jury duty, but the rates can be significantly less than your earnings, if you are a professional.

you are obligated to send this money to your employer if they pay you during jury duty service.

if you hand in your notice, the company may decide not to pay for jury service.

Savvy_Sue

Where does the period of jury service lie in relation to your anticipated leaving date? How much notice are you required to give?  Just read the original post again: I'm guessing it might depend how much notice was left to serve AFTER the jury service - at the moment if you gave your notice NOW then it would be roughly halfway through (depending on how early or late in March the jury service falls). 

And what does your contract actually say about paying for jury duty? Does it say "will pay" or "will normally pay"?

This might be something for negotiation: would they actually prefer you to finish work when your jury service starts (given that they don't know when you'll be back), and what are they prepared to pay to make that worth your while?

Marcon

You need to establish if it's 'just' a policy or a contractual entitlement.

AskAsk

Marcon said:

You need to establish if it's 'just' a policy or a contractual entitlement.

i doubt it will be contractual, but will be general policy that the company may adopt, as it is very rare that someone gets called for jury service, to merit that clause in an employment contract.

OP - here is the guidance from the gov website on jury service payment

https://www.gov.uk/giving-staff-time-off-jury-service/paying-staff-on-jury-service

Rony

Hi,

Thanks for the responses.

TO clarify some questions, there is no mention of jury service in my contract. There is mention of Jury service in the company policy which says that I will continue to receive full pay less any pay received from court.

However my question is will they rescind this pay if I hand in my notice. There is nothing in the handbook nor can I find anything on google as to what may happen in this scenario. I am aware that even if my company does not pay me, the gov will, however at a reduced rate which I want to avoid.

If they are able to not pay me this, I will possibly wait until after my jury service to hand in my notice. If they cannot rescind their pay because of me handing in my notice, then that would be better for me, as I want to hand it in ASAP.

TadleyBaggie

Rony said:

However my question is will they rescind this pay if I hand in my notice. T

Nobody on MSE can possible know what your employer will or will not do.

AskAsk

Rony said:

Hi,

Thanks for the responses.

TO clarify some questions, there is no mention of jury service in my contract. There is mention of Jury service in the company policy which says that I will continue to receive full pay less any pay received from court.

However my question is will they rescind this pay if I hand in my notice. There is nothing in the handbook nor can I find anything on google as to what may happen in this scenario. I am aware that even if my company does not pay me, the gov will, however at a reduced rate which I want to avoid.

If they are able to not pay me this, I will possibly wait until after my jury service to hand in my notice. If they cannot rescind their pay because of me handing in my notice, then that would be better for me, as I want to hand it in ASAP.

i would say wait until jury service is completed before handing in your notice.  preferably wait until you have been paid as well before handing in your notice.  unless you need to hand in your notice pronto.

Rony

@TadleyBaggie I am not expecting people here to have a crystal ball. I am asking about legalities and whether a company has the power to disregard company policies in any event. If the answer is that there are no legal requirements for a company to follow their own policies then that satisfies my query.

@AskAsk Thank you, okay I will do that.

AskAsk

Rony said:

@TadleyBaggie I am not expecting people here to have a crystal ball. I am asking about legalities and whether a company has the power to disregard company policies in any event. If the answer is that there are no legal requirements for a company to follow their own policies then that satisfies my query.

@AskAsk Thank you, okay I will do that.

the problem with company policy is that it may change depending on circumstance.  the policy at the moment is to continue paying staff while they are on jury service, but that could exclude staff on notice.  company policy is not law as far as i understand, it is what the employer plans to do in general, and there will or can be exceptions.