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Problems at work after returning from jury duty

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  • Bradden
    Bradden Posts: 1,202 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
     He gave them plenty of notice when his jury service was going to start so they could prepare any cover.
    He may have given them plenty of notice but did they know how long your friend was going to be off for? As you friend did not know themselves I would guess their employer planned for them being absent for the normal two week period.
  • RogerBareford
    RogerBareford Posts: 511 Forumite
    500 Posts Name Dropper

    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?

  • steven2022
    steven2022 Posts: 15 Forumite
    10 Posts Second Anniversary

    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?

    Hes company don’t have night shifts… just a open shift from 7am-4pm or the close shift of 9am-6pm….my friend did not volunteer for jury service nor did he expect it to be this long….even whilst he was on jury service his colleagues were still more or less dividing the open/close shifts evenly given the circumstances…week after he’s been back he seems to have been put for all the close shifts and when he queried this his managers keeps bringing up that you been off on jury service like it’s a justification to put him on all the lates for a month. Just my opinion but it seems like a bit discrimination just because he had to attend jury service.
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Consult ACAS this is clearly discrimintary.
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    When I carried out Jury duty I was selected for what was likely to be a long trial. We had the opportunity to decline (which I did). 
    When I carried out Jury duty I was selected for what was likely to be a long trial. We had the opportunity to decline (which I did). 
    It has to be an acceptable and legitimate reason otherwise most people would say no

    Via Jury service I'd had the chance to see the old bailey, Woolwich and twice at another court - the average time spent was 6 weeks.
    I hated the rush hour trains but great stuff.  I think I did a great public service as I managed to get a few to see and fully comprehend the facts before them and we got the right decisions in all cases.

    I think they told us that a case may last 2 weeks or more and I thought great.
  • Spendless
    Spendless Posts: 24,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?


    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?

    Because unless they had the other workers all doing 1 month each of late shift then they have just given that to OP's friend due to being on jury service. It sounds like the lates continued to be shared out, not that each person got 1 month each.

    Given the Manager's responses in the opening post they are giving the jury servie as a reason.

    OP - Though it may not be that any laws have been broken. I'd get your friend to look at their company policy on equality, any examples they give and see if he thinks he's been treated against policy. I've certainly worked places where they have a greivance procedure you can go through. They do tell you to resolve with managers first and be aware taking further may mean a 'face doesn't fit' scenario, that's especially so if he's not worked there 2 years, depends on how much hne needs/likes the job whether he's prepared to take further.
  • RogerBareford
    RogerBareford Posts: 511 Forumite
    500 Posts Name Dropper

    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?

    Hes company don’t have night shifts… just a open shift from 7am-4pm or the close shift of 9am-6pm….my friend did not volunteer for jury service nor did he expect it to be this long….even whilst he was on jury service his colleagues were still more or less dividing the open/close shifts evenly given the circumstances…week after he’s been back he seems to have been put for all the close shifts and when he queried this his managers keeps bringing up that you been off on jury service like it’s a justification to put him on all the lates for a month. Just my opinion but it seems like a bit discrimination just because he had to attend jury service.

    So instead of "night shift" in my reply replace it with "late shift".


    Spendless said:

    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?


    Andy_L said:
    Does his contract say anything about the distribution of night vs day shifts?

    Unless he can show that the reason he is getting jiffed with the antisocial shifts is because of a protected characteristic (eg race, sex, religion etc) he has no come back under employment law

    Hi, no nothing in there contract of distribution of night/days shifts. Just 40 hrs over 5 days.

    Why does you friend not feel it's fair that because his collegues have had to pick up all the night shifts for 3 months that he should do them for the first month he is back?

    I'm not surprised he feels like an outsider at work if he doesn't see how his collegues probably want a break after being a man down for such a long period and having to pick up all his night shifts in the mean time.

    If there are 3 managers and night shifts were shared equally between them then over a 14 week period he would be doing in total just over 1 monts worth... so where exactly is the unfairness?

    Because unless they had the other workers all doing 1 month each of late shift then they have just given that to OP's friend due to being on jury service. It sounds like the lates continued to be shared out, not that each person got 1 month each.



    I really don't see the problem here. They have obviously determined that the later shift is the worse of the two and as he was away then they had to do more between them. Now he's back they have decided to have a break from the later shift and he can do all the fair share he "missed" while he was away.


    But to me this just sounds like a lot of fuss over nothing as it's only a 2 hour difference in finishing time.
  • Diamandis
    Diamandis Posts: 881 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    Most people would kill to work 9-6. What is his problem with this exactly? 
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