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Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

CM to be paid on jury service - or not?

23 replies

bluepapermonkey · 16/03/2011 08:38

our CM has to do jury service. do we pay her for it? it hasn't been raised but i'm wondering. I am at work so can't check our contract but it's the standard CMA contract - does anyone know what it stipulates?

we do pay holiday pay and we pay half price for school holidays for after school places.

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trixymalixy · 16/03/2011 08:39

She can have money reimbursed when she is on jury service to cover loss of wages, so I would say no.

trixymalixy · 16/03/2011 08:40

Although the amount reimbursed isn't huge so probably wouldn't cover her daily income.

BellsaRinging · 16/03/2011 08:42

She's self-employed, so unless it's stipulated in the contract I would say not. If she were your employee (eg au pair) you would be obliged to pay, but could reclaim some element of it. She can claim a daily rate from the Court.

scottishmummy · 16/03/2011 08:50

no,absolutely not.she is self employed

shoshe · 16/03/2011 08:55

I'm suprised she has to do it.

When I was called, I wrote to them, explaining that it meant 5 families trying to find alternate childcare, or having to take time off work.

I was excused.

bluepapermonkey · 16/03/2011 09:22

thanks, that's helpful. looks like i've got a tricky conversation tonight...

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Karoleann · 16/03/2011 10:44

No, even an employer doesn't have to pay for jury service time. I was called up several years ago and because the financial compensation offered by the government wasn't enough to even cover my morgage I was excused.

www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10037655

anewyear · 16/03/2011 11:33

Im a childminder, I wouldnt charge for that day as Iam unable to work,
But before that as Shoshe says, I too would write and ask them to be excused for the reasons Shoshe mentions.

RosieGirl · 16/03/2011 13:08

My XH was self-employed and we wrote explained the loss of income and possibly his work should he have to do jury duty and he was excused.

I would think she can appeal.

bluepapermonkey · 17/03/2011 14:18

she's taken it as leave. that's up to her strictly speaking but i'm pissed off as it means she'll use all her leave before summer hols. i'll be within my rights to not pay to cover whatever extra leave she takes but by then i'll only be paying for after school care. right now i'm paying full days. so she's been v smart from a business point of view, if she'd not taken leave to cover jury service she'd have lost a lot more money than if i don't pay to cover her summer break.

but it leaves a bad taste. we've been with her a long time and i trust her and i think she's taking the piss, esp as her other all day charges kept going with their care with her assistant.

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Libra · 17/03/2011 14:21

My CM was on jury service last month. She did not take it as leave and I did not pay her because I was having to pay someone else for her service. (She did not expect to be paid, by the way).

Of course your other problem is if the court case goes on and on...

poopnscoop · 17/03/2011 14:21

Do you pay her when she's on leave? Wouldn't this be unpaid?

bluepapermonkey · 17/03/2011 14:24

yes she gets paid leave. but i'm really disappointed and feels she's pulled a fast one as i've had to cover her jury service.

i'm tempted to give notice but not fair to kids.

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Blondeshavemorefun · 17/03/2011 14:25

surprised she has agreed to do jury service

my dh who is se was requested and he wrote asking to be excused as couldnt survive without his wages

request was agreed :)

tbh i think poeple who are retired or on jsa should do jury service

bluepapermonkey · 17/03/2011 14:27

as it turns out it was no skin off her nose to do it. no idea if she's claiming loss of earnings from court but wouldn't be surprised. am annoyed.

but think i'll have to suck it up.

is it worth explaining to her how i feel? not much that can be done - but it's caused bad feeling on my part.

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bluepapermonkey · 17/03/2011 14:32

it's not even about the money - it's being taken for a fool. like i can't count the amount of leave she has.

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IwishIwasmoreorganised · 17/03/2011 14:33

She's obviously thinking of her income rather than how her customers might see it, and I cna't balme her for that but I'd be very annoyed too.

Sounds like you may have to suck it up this time tbh, but I'd ask her what her plans are if her cases go on over the usual 2 week period.

bluepapermonkey · 17/03/2011 14:35

it;s all over so that's not an issue. she's an astute business woman - for after school care she charges 50% during holidays to 'retain' the place. i don't know of anyone else who does that! i understand her need to max her income - but when we're all struggling this leaves a bad taste.

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HarrietTheSpook · 17/03/2011 15:43

Wait why is it in her interest to take jury service as holiday?

thebody · 17/03/2011 17:00

I wouldnt expect to be paid.. as a cm I am self employed so cant understand (a why she hasnt appealed and (b why she feels you will pay her...

mind you I wouldnt take it as holiday as need all of my 4 weeks annual leave to remain sane.

trixymalixy · 17/03/2011 18:19

I don't understand why taking holidays helps her either? Surely it just means she won't take them later in the year so makes no difference to you really?

HappyMummyOfOne · 18/03/2011 09:40

Personally I would never have signed up to childcare that required paying when the service wasnt available.

I'd look round for alternative care, one that isnt so money orientated.

Bideyin · 18/03/2011 09:46

My CM is currently on jury service. She hasn't mentioned being paid and neither have I! She gets sick leave (has never taken any) and 6 weeks paid holiday a year but I couldn't afford to pay alternative childcare as well as her for JS.

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