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Dismissed whilst on Jury Service.

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  • Dismissed whilst on Jury Service.

    Hi,
    Try and keep this brief, but very stressed and need to know if anyone can let me know if I am wasting my time pursuing this or not please?

    Worked for 23 years for my Uncles engineering company, he stood down and his Daughter (my cousin) took over the company, she then appointed her then boyfriend as the general manager despite having no experience. They have now split up but the working arrangement has stood.

    After numerous disagreements with him, 3 weeks ago, I made a complaint against him to my employer (also my cousin) for bullying as he spoke to me in a very unprofessional manner, my employer then gave me a rollicking and made no effort to address the situation.

    I have been called up on Jury service and I have been put down as not being at work for the 2 weeks with my employer paying me, I turned up for jury service but was not required, so I went home but was on standby with the jury service. I was not aware (at that time) that I was supposed to go back to work so went home. My Employer came to my house and remonstrated with me at my front door and took pictures of me and my car in the drive way, which I found a bit bizarre! I then received a TXT that day asking me to come to work yesterday for an investigation and was told that I was not allowed any representation. When I arrived she switched on a Dictaphone machine and stated that I had lied to her as to why I was at home, claiming I had told her I was going back to court, I never said anything of the sort. She told me I was not allowed to ask her any questions and could only answer her questions. It was surreal, the general manager was lurking around the far side of the office and she was trying to goad me into a reaction with rapid fire questions in an aggressive tone, stating I had lied to her and then began pulling some sarcastic/unpleasant facial expressions towards me. She then asked me to step outside, called me back in after 3 minutes and then said she was dismissing we immediately for gross misconduct, actual reason not stated, I assume based on her claiming I had lied to her. I will apparently get a letter today stating the actual reason?

    Every man and his dog, except anyone with actual employment knowledge, tells me she has acted unfairly and I have a "case". I am fairly shell shocked and so far have spoken to the CAB, who said they cannot offer legal advice but said I can file a form for unfair dismissal.

    It is definite that being related has meant that I have been treated more harshly than that of other workers in the company, she would not for example attend their home for an argument.

    Anyways, as I said, I've been in the role since I left School and not at all experienced in this area, so any advice as to taking this further is a waste of time or not would be gratefully received.
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  • #2
    Ula mariefab xx
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    • #3
      When you say you weren't required but were on standby - did you need to attend/check with the court each day to see if you were required ? ie. you weren't dismissed from Jury service just weren't needed that particular day.

      Did your employer go to your house the same day you first went to Jury Service but were't required that day ? or had you been at home for a few days? (basically when was your first days Jury service - so we have a better idea of timelines - at the mo it sounds like Monday you went to Court, weren't required so were sent home, then your employer turned up at your house and gave you less than 24 hrs notice for this 'disciplinary' meeting which you had yesterday and today you're waiting for this alleged letter explanation. )

      Peridot Ula mariefab should be able to help in any event
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      • #4
        I had to go back to work but ring in PM every day until finished, the frustrating bit was re-called to jury service for the last few days but could not as I worked with the people in court (Boyfreind and girlfreind problem) one case I was on jury and that we caught on was a re-trial urggggg

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        • #5
          Hi Guitario,

          Is there anything about jury duty in your contract of employment. Did they stipulate you should contact them each day. I wonder what their actions would have been if you'd been called for the full 2 weeks and possibly had that extended.

          Your employer has to accommodate any jury service calls of its employees, although they can request you delay attendance. Did they make such a request of you when you let them know you'd been called?

          Do try and check your contract and maybe jot down a timeline while it's fresh in your mind. This link may help you:- https://www.gov.uk/jury-service/taking-time-off-work

          It also sounds like they may not have followed their own disciplinary processes when allegedly dealing with this situation. Do again check your contract and any policies the company has relating to disciplinary procedures. ACAS website may help here:-
          http://www.acas.org.uk/index.aspx?articleid=1898 and here:-
          http://www.acas.org.uk/index.aspx?articleid=3905

          I'm sure there will be some others along with more guidance if needed.
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #6
            Hi, I think contained within some of the other posts are questions that it would be helpful to have answers but maybe just to list them out:

            1. What was your first day of jury service?
            2. When were you asked to stand down from jury service?
            3. Were you expected back the next day to see if you were needed for jury service?
            4. What is in your company policy re: Jury service and returning to work if you have been asked to stand down, albeit you may be required at a later point during the 2 weeks?
            5. Was the text message to you specific about it being an investigatory meeting?
            6. Do you have a company disciplinary procedure?
            7. Have you had the letter yet and does it provide more detail?

            Answers to the above would really help in being able to provide some useful guidance to you.


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            • #7
              On the facts that you have stated here, you have quite an easy unfair dismissal win.

              When you get the letter post it up here. It should be entertaining, if not informative..

              Comment

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