Part V Protection from suffering detriment in employment

Rights not to suffer detriment

43MF1Jury service

1

An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the employee—

a

has been summoned under the Juries Act 1974, F2Part 1 of the Coroners and Justice Act 2009, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or

b

has been absent from work because he attended at any place in pursuance of being so summoned.

2

This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.

3

For the purposes of this section, an employee is not to be regarded as having been subjected to a detriment by a failure to pay remuneration in respect of a relevant period unless under his contract of employment he is entitled to be paid that remuneration.

4

In subsection (3) “ a relevant period ” means any period during which the employee is absent from work because of his attendance at any place in pursuance of being summoned as mentioned in subsection (1)(a).