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Nanny called for Jury Service

12 replies

OpheliaPink · 18/04/2011 10:38

Does anybody know where we stand as employers when our nanny is called for Jury Service? My husband works full-time and I am a full-time teacher and the summons calls for her to attend Jury Service during term-time when we have no other childcare options. She has applied for a deferral and we think it will be granted, but when it inevitably comes round again we wondered whether any allowance will be made for the fact that we will still of course pay her salary, but will be having to find other childcare arrangements. Does anyone have any experience of this?

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ShirleyKnot · 18/04/2011 10:41

I work for a very small company and after one of our employees had their second summons to do Jury service I wrote a letter explaining that to lose a member of staff for two weeks would have dire consequences for our company.

They wrote back and he didn't have to do the Jury service and I think they said they'd taken him of the available list for 5 years or something (memory a little fuzzy on this bit) but I know that we don't have to worry about it anymore.

hocuspontas · 18/04/2011 10:41

Well fingers crossed it will be an excusal. I applied for a deferral last month and got an excusal. Yay!

They do pay expenses so that could be offset against your costs. £60 a day I think.

Karoleann · 18/04/2011 11:11

Hi, you don't need to pay her for time on jury service and in fact if you do she won't be able to claim for loss of earnings. Its about £65/day until 10 days and then £112 after that.

You could always make up her salary to its usual level

Strix · 18/04/2011 11:53

I'm going to make a mental note of yet anoter advantage of having a foreign nanny/au pair.

But, if my nanny / au pair was called for jury service, I'm afraid she would have to take those days as holiday for me to pay them, and even the I would retain my right accept or decline the request.

hocuspontas · 18/04/2011 11:59

I'd read the rules first I think

nbee84 · 18/04/2011 12:52

Being a TT only nanny did she give alternative dates when she asked for the deferral? Summer holidays would be ideal.

I believe she can ask to be excused rather than deferred, due to the fact that she is your only employee and it would be detrimental to your 'business' if she is anable to work. Even getting a temp in is not an option for a lot of nanny employers as it might not be in the childs best interests to have an unknown person care for them.

nannyl · 18/04/2011 14:58

strix If your nanny is called for Jury by law you HAVE to let her, (but dont have to pay her)

I doubt you could make it be her holiday either...
if you were called for Jury duty would you be happy for it to use your holiday?

especially when most nannies can only choose 2 weeks holiday.

Its a risk you as an employer take when you employ someone, and if they are called you cant not let them have the time off, or treat them differently because of it.

See here

Strix · 18/04/2011 15:16

nannyl, I didn't say I wouldn't give the time off. I said I may or may not let her have it as paid holiday (if she requested it as such). If I too could take the holiday I'd probably be fine with that. But, if I was not in a position to get the holiday, then I would not be in a position to grant it to her.

But, I am not going to find myself in the OP's situation because they don't call foreign nationals for jury service -- which incidentally also means I will never be called.

nannyl · 18/04/2011 16:42

i obviously read your post wrong.... sorry

she has the right to unpaid leave for it (and can claim expenses) weather or not you agree though.

cinpin · 18/04/2011 20:30

Strix just wondering what the other advantages are of having a foreign nanny or aupair

Strix · 19/04/2011 11:39

I was thinking in terms of tax really. A foreign nantional is unlikely to have worked in the UK, so will enter the job not having used any of his/her tax allowance that year.

Other than that I suppose you could consider wide range of cultural stereotypes. Some countries have a reputation for being hard workers, some for yummy cuisine, and some have excellent English skills. I had a German teacher whos command of the English language is better than most Enlgish people I know.

I guess one of the advantages is that it is simply more interesting (to me) to hire someone who can teach us a bit about another culture.

And, of course, let's remember that neither did I intend nor did I say that all foreign employees are better than all British employees.

nannyl · 19/04/2011 11:51

very true strix. My father is adaement that many of the best english users / speakers are not english too!

though not sure why their tax allowance affects you? (unless you agree a net wage, which is not sensible for employer OR employee)

someone who hasnt used their tax will get any over payment of their tax back, surely, it shouldnt go to their employer..... you, along with every other person, has YOUR own tax allowance, and the nannies is hers (or his!)

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