Hi.

I'm asking on behalf of a friend who recently completed jury service. Apologies if this isn't the place for this question but I wasn't sure where to put it.

Her job is in education and her jury service took her into the school holidays by a few days. As her case went into a third week when she received her loss of earnings they had paid her for the third week too.

The schoo is now trying to take all three weeks of money even though she wouldn't have been at work for that week anyway.

She was going to speak to the court and explain and give them the money back for the third week. However in the meantime the school are clawing the whole amount back as they say it is illegal to profit from the courts.

Are the school correct in trying to keep all the loss of earnings money for the week she wouldn't have been at work for anyway?

What should she do now? I feel

Like the school are profiting instead.

is she paid during the summer holidays? If so, her salary will be seen as an advance against the money paid by the courts service so they can claim it. If she is one of theose people who arent paid during the school holidays (ie on a 37 weeks a year contract) the last week has nowt to do with them as it is not their time and they havent paid her.

There is another argument about whether teachers are required for duty during the school holidays. I certainly was.

is she paid during the summer holidays? If so, her salary will be seen as an advance against the money paid by the courts service so they can claim it. If she is one of theose people who arent paid during the school holidays (ie on a 37 weeks a year contract) the last week has nowt to do with them as it is not their time and they havent paid her.

She is only paid term time so whatever that is 37-38 weeks and then that money is spreading out equally over 12 months but she is definitely not paid for holidays. So I still think that money the court paid her in the third week isn't the schools.

Jurors are entitled to receive reimbursement for loss of earnings (up to specified limits). Jurors are not entitled to 'make a profit', ie to make a profit from being a juror. School support staff payment arrangements can be complex (eg employed term time only but paid over 12 months) but the test at the end of the day is a simple one. Is your friend out of pocket? Have they received less net income than if they had not done jury service? If not then they have no cause for complaint.

they must calculate their expenses such as travel, subsistence etc ( if paid as part fo this sum-it used to be separate) so I doubt if the school can claim all of the money

Jurors are entitled to receive reimbursement for loss of earnings (up to specified limits). Jurors are not entitled to 'make a profit', ie to make a profit from being a juror. School support staff payment arrangements can be complex (eg employed term time only but paid over 12 months) but the test at the end of the day is a simple one. Is your friend out of pocket? Have they received less net income than if they had not done jury service? If not then they have no cause for complaint.

As I said the court have paid her for the third week in error so my friend feels that third week payment should be returned to the court. She isn't trying to profit from the court. But if the school keep the third weeks payment surely they are profiting from the court? The school didn't pay her wages for that third week she only gets paid term time plus statutory holiday amounts. So I feel the school are trying to keep money that isn't theirs?

They are taking money from my friend that they never paid her in the first place.

they must calculate their expenses such as travel, subsistence etc ( if paid as part fo this sum-it used to be separate) so I doubt if the school can claim all of the money

The court do list the three amounts separately so the school is only taking loss of earnings.