Working & Jury Duty

godtabh

Not sure if this is the appropriate section or not (maybe work problems).

I'm a section leader. I have about 6 guys reporting to me.

One was summonsed for jury duty before Christmas. Advised him to speak to HR and my line manager (director of company).

He got selected for a case that may last 2-4 months. He is a month in already.

He had a day off last week and came to me a bit worried. He says he has received a threatening letter from my director saying when the court isnt in session he must present himself for work or else.

I havent seen the letter yet (he was meant to send it on).

He is worried that he could be fired as he is new (4 months in to a 6 month probation period) and the length of the case.

I have advised him again to speak to HR and my director. I've also said I would speak to my director if he wants after seeing the letter.

The lad is young and I'd be happy to keep him. Nothing has been mentioned to me on this yet. I'd just like to know the background before speaking to my boss on it. What are his rights while on jury duty?

Gatling

I'm surprised he didn't ask to be excused on day one for work reasons , especially his position on probation ,

splinter65

godtabh wrote: »

Not sure if this is the appropriate section or not (maybe work problems).

I'm a section leader. I have about 6 guys reporting to me.

One was summonsed for jury duty before Christmas. Advised him to speak to HR and my line manager (director of company).

He got selected for a case that may last 2-4 months. He is a month in already.

He had a day off last week and came to me a bit worried. He says he has received a threatening letter from my director saying when the court isnt in session he must present himself for work or else.

I havent seen the letter yet (he was meant to send it on).

He is worried that he could be fired as he is new (4 months in to a 6 month probation period) and the length of the case.

I have advised him again to speak to HR and my director. I've also said I would speak to my director if he wants after seeing the letter.

The lad is young and I'd be happy to keep him. Nothing has been mentioned to me on this yet. I'd just like to know the background before speaking to my boss on it. What are his rights while on jury duty?

Your director needs to be very careful.

http://www.irishstatutebook.ie/eli/1976/act/4/section/29/enacted/en/html#zza4y1976s29

nuac

Jury Service is a civic duty and civic privilege.

Gatling

splinter65 wrote: »

Your director needs to be very careful.

http://www.irishstatutebook.ie/eli/1976/act/4/section/29/enacted/en/html#zza4y1976s29

But it doesn't mention an employee on a probationary period ,
Who can be left go within the period if the employer chooses , especially considering the person could be essentially missing for the majority of the period

godtabh

he didn't ask for advise on not doing the jury duty. I think he was happy to do it expecting it to be a week off or what ever.

This lad would be hard to replace as there is a general skills shortage but I now get the impression that my boss is looking for a reason to get rid (wrongly or rightly).

If the the case goes on for 4 months he'll be 8 months in with 50% on jury duty.

1hnr79jr65

I did jury duty myself recently, when court takes a day break, there is an expectation that employees attend work during this time as the courts service do not excuse you if outside of court attendance hours unless otherwise stated by trial judge, such as the jury being sequestered when they cant reach a verdict however i dont believe this happens often.

If this is the case then the company director would be in his rights to request your staff member to be present at work.

hullaballoo

Unfortunately, someone on probation is in a precarious enough situation, so it doesn't matter whether the boss is right or wrong or whether he has a reason or not, he may well be entitled to summarily dismiss.

Even more generally, for people who are not "on probation", there is some doubt about whether they can do anything if let go inside the first 12 months. In many cases, they cannot as the statutory rights enjoyed by employees haven't fully accrued.

Tbh, I'm not fully comfortable with the idea that a "probationary period" has any real and meaningful legal standing but it is true that it's very difficult to assert rights in an employment context before the end of the first year, afaik. I think what a "probationary period" does in reality is provide more rights to employees upon its expiry (here, after 6 months) than the employee would have if minimum statutory requirements were fulfilled.

I would imagine that the probationary period acts to suspend the additional (ie over and above min. statutory) rights that accrue to the organisations workers under their standard contracts of employment until a sufficient evaluation period has elapsed.

None of that is really all that helpful in the circumstances, sorry OP. I suppose you petitioning the boss for leniency and reason given the labour shortage you say exists might be the best approach?

jimmycrackcorm

Gatling wrote: »

But it doesn't mention an employee on a probationary period ,
Who can be left go within the period if the employer chooses , especially considering the person could be essentially missing for the majority of the period

Then the probation period should be postponed/extended. Firing someone who is on probation while they are on jury duty would be very dodgy as it could be easily construed that it was because of nothing to do with job performance and contrary to natural justice. See https://employmentrightsireland.com/unfair-dismissal-during-the-probationary-period/ as an example

But as I also understand it, if you're not actually in court on a work day, then you have to turn up for work.

godtabh

I spoke to the lad again this afternoon.

He is in the office on his 'day off'.

Before he want on jury duty (before selection) he had a talk with my boss. He said all was reasonable. Now he has the letter and the tone is very different. I havent seen it yet and context could be everything.

Gatling

godtabh wrote: »

he didn't ask for advise on not doing the jury duty. I think he was happy to do it expecting it to be a week off or what ever.


If the the case goes on for 4 months he'll be 8 months in with 50% on jury duty.

But your always advised when your been selected how long they expect the trial to last and if it doesn't suit your situation you can ask to be excused ,

He really should have raised any issues when he was in court on initial selection

vandriver

I've no doubt the director is pissed off.Eight month's pay for 4 months work would annoy any employer.