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Can work change shifts if at court...help

5 replies

Roadtrip2018 · 09/10/2018 12:54

Sorry if this is in the wrong place, I've searched ACAS and net but can't find a definite answer.

Here's the situation, I've been called as a witness, the case is being heard in another county almost 200 miles from my home town. I was due to be working Mon to Thur off on Fri. My line manager has changed my shift to have me in on Fri, can she do this? Confused

I don't know when I will be called by the court and if I do get home by Fri I can't guarantee I'd make the shift on time. I need to know if she can legal put me in for a shift none of us have a crystal ball confirming I'll be there for? Hmm

Thanks in advance

OP posts:
Zampa · 09/10/2018 12:56

Have you spoken to your line manager about the case? I was in a similar position and my manager was happy for me to be absent and I was marked as on jury service as that was the only option available on the system.

Roadtrip2018 · 09/10/2018 13:05

Yes I've tried to make her understand but she's being difficult. As well as the court case being stressful moving my shift to Friday means I'd be in 7 days straight with no time off between court and work.

OP posts:
prh47bridge · 09/10/2018 15:31

If you need time off to appear as a witness you should book it. If you are attending voluntarily your employer could insist you take this as annual leave. However, if you have received a summons or a court order telling you to attend your employer must give you the time off you need to attend. If they don't they risk being found in contempt of court.

Note that your employer can legally refuse to pay you for the time off. Depending on the type of case you may be able to claim loss of earnings from the court but this is unlikely to cover your actual loss.

Have you spoken to HR? Sometimes line managers aren't aware of the law in this area and need HR to tell them.

Roadtrip2018 · 09/10/2018 17:43

Thank you for the replies I had to involve HR and they've sorted it. Any day in court is classed as a working day. I work 5 out of 7 days.

OP posts:
Roadtrip2018 · 09/10/2018 17:44

So if I'm required to be at a court on Friday I can't be put in for a shift.

OP posts:
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