In this guide for employers, we outline your responsibilities if an employee has been called up for jury service.
What is jury service?
Jury service is a public duty. Anyone aged between 18 – 70 can be chosen at random from the electoral register to serve on a jury.
Do you have to give employees time off for jury service?
Under the Juries Act 1974, employers cannot legally refuse to allow an employee time off work when they are summoned to serve on a jury. An employee must not be discriminated against or dismissed because they are called for jury service, or they may have grounds to bring an employment tribunal claim.
How long are jurors away for?
Jury service can last up to ten days, usually from 10am to 5:30pm Monday to Friday, but it can be longer in some situations. If a judge learns that a case will take significantly longer than expected, they will warn jurors and give them the option of being excused from service or having their service deferred to a later date.
An employee who has been summoned for jury duty should notify their employer as soon as possible, stating when they will require time off and, if possible, how much time they will need. Unless something else has been agreed upon beforehand, the employee should return to work if they are not needed at court.
How will I find out if an employee has been called up for jury service?
It is your employee’s responsibility to inform you. The courts will not inform you if a member of your staff has been selected for jury duty.
Any person summed for jury service needs to respond within seven days confirming they can attend, unless they have a valid reason for the date of service to be changed. Include a policy in your company handbook stating that employees must notify you in advance of any absences. Make sure all of your staff are aware of the policy and have signed it.
Do you have to pay employees while on jury service?
You are not required to pay your employee while they are serving on a jury. A loss of wages allowance will be paid by the court, along with travel costs and a subsistence rate during jury service. It is up to you and your employee to fill out the Certificate of Earnings Loss form. On the first day of jury duty, your employee should bring this with them to court.
Jurors can claim up to £64.95 per day in court for loss of earnings and any additional care or childcare costs accrued as a result of doing jury service. They can also claim their travel expenses to and from court, and £5.71 per day to contribute towards the cost of food and drink.
However, employers may decide to continue to pay employees as a gesture of goodwill, or opt to pay a higher rate than the loss of earnings allowance.
Can you ask for an employee’s jury service to be deferred?
If you believe that losing an employee to jury service will harm your business, you can file a letter to the court requesting a postponement.
This could cause your employee’s jury duty to be postponed for up to a year.
Within seven days, your employee must co-sign the letter and deliver it to the court. However, keep in mind that deferrals are only granted in rare circumstances.
In addition, jury service can only be deferred once in a 12-month period, the employee should provide details of any dates they’re not available within a 12-month period when deferring to ensure they can make future dates.
Any person summed for jury service has to respond within seven days confirming they can attend, unless they have a valid reason for the date of service to be changed, otherwise they could be found in contempt of court. The reasons that jury service can be moved or postponed include:
- Sitting an exam during this period
- Pre-booked life events such as a holiday or wedding
- Having an operation (and other medical reasons)
- Becoming a new parent
In all of these cases, the person summoned needs to provide three possible dates in the next twelve months when they would be able to complete their duty.
Can employees work while on jury service?
Not everyone who is summoned to serve on a jury is assigned to a case. Potential jurors must wait in the courtroom until they are summoned and sworn in as members of the jury panel. Before returning to work, your employee may spend the complete ten days in the waiting room.
If your employee is in the waiting area, they have the right to use their laptop at that time to complete remote duties. You should, however, prepare as if they’ve been chosen for a trial, which means they’ll be inaccessible during the working day.
Can you dismiss someone for going on jury service?
Employees who are called up to serve as jurors are protected by the law from dismissal or detriment (less favourable treatment).
Under the Agency Workers Regulations 2010, agency workers with more than 12 consecutive weeks’ service (in the same role, with the same employer) are also protected.
How to prepare if an employee is going on jury service
Implement a policy on time off work for jury duty, setting out the employee’s responsibilities and entitlements, including whether leave will be paid or unpaid and also sets out a brief overview of the procedure to follow.
Before going on jury service, your employee should give you at least a week’s notice. Make use of that time to put together a cover.
Remember that you won’t know how long you’ll be on the jury. The majority of cases last less than two weeks, although some can continue up to a year.
Share the task among your employees in the short term. Consider offering overtime, but make sure you don’t exceed the UK’s Working Time Regulations’ maximum of 48 hours per week.
It’s possible that you’ll need to hire temporary personnel as well. Set up a short-term contract if you don’t need a permanent team member. This will allow you to maintain staffing levels in your business till your employee returns.
Need Assistance?
DavidsonMorris’ HR specialists support employers with all aspects of workforce management, including rights and responsibilities relating to leave of absence. Working closely with our employment lawyers, we provide comprehensive guidance to minimise legal risk while ensuring commercial goals are achieved and employee engagement is optimised. For help and advice, speak to our experts.
Employees on Jury Service FAQs
Do I have to pay my employee during jury service?
Employers are not legally obliged to pay employees during jury service. However, many employers choose to do so as a gesture of goodwill. Employees can claim a loss of earnings allowance from the court if their employer does not pay them.
Can I refuse my employee’s request to attend jury service?
You cannot refuse an employee’s request to attend jury service. It is a legal obligation, and refusing could result in legal consequences for the employer. If the employee’s absence would cause serious disruption to the business, the employee can apply to have their jury service deferred, but this decision is ultimately at the discretion of the court.
What if an employee is selected for a lengthy trial?
If an employee is selected for a trial that is expected to last several weeks or even months, they should notify you as soon as possible. Employers may need to make arrangements to cover the employee’s workload during this time. The employee can apply for a deferral if the length of the trial would cause significant hardship.
Can an employee take annual leave instead of unpaid leave during jury service?
If both the employer and the employee agree, the employee can take annual leave during their jury service. However, this is not a requirement, and employees are entitled to unpaid leave if they choose not to use their annual leave.
What happens if an employee is called for jury service during a busy period?
If jury service would cause significant disruption during a critical business period, the employee can request a deferral. However, deferrals are granted at the discretion of the court, and the employee must provide a valid reason.
Do I need to cover my employee’s duties while they are on jury service?
It is the employer’s responsibility to ensure that the employee’s duties are covered during their absence. This might involve redistributing tasks among other staff members or hiring temporary cover, depending on the duration of the employee’s absence.
What should I do if an employee is unhappy about serving on a jury?
It’s important to support your employee during this time and discuss any concerns they may have. While serving on a jury is a civic duty, it can be stressful, and understanding their concerns can help you provide the necessary support.
Can an employee be dismissed for being absent due to jury service?
Dismissing an employee for attending jury service is considered unfair dismissal and could lead to legal action. Employees are protected by law when fulfilling their jury service obligations.
What support should I offer an employee after jury service?
After jury service, it’s a good idea to check in with your employee to see how they are doing. Some employees may find the experience emotionally challenging, especially if they were involved in a difficult case. Offering support or flexibility, such as a phased return to work, can help them readjust.
Glossary
| Term | Definition |
|---|---|
| Jury Service | The legal duty requiring an individual to serve as a juror in a court trial, where they help decide the outcome of a case. |
| Employer Obligations | The legal responsibilities that employers have towards their employees, including allowing them to attend jury service without penalty. |
| Employee Rights | The entitlements and protections afforded to employees under the law, including the right to attend jury service without risk of dismissal. |
| Unpaid Leave | A period during which an employee is not paid by their employer but retains their employment status, often used during jury service. |
| Loss of Earnings Allowance | Compensation provided by the court to cover some or all of the wages lost by an employee due to attending jury service. |
| Deferral | A request made by an individual to postpone their jury service to a later date due to significant personal or professional reasons. |
| Dismissal | The termination of an employee’s contract by their employer, which can be considered unfair if related to attending jury service. |
| Annual Leave | Paid time off work granted by employers, which employees may request to use during jury service, though it is not a requirement. |
| Lengthy Trial | A court case that extends over several weeks or months, potentially leading to a longer absence for the employee serving as a juror. |
| Phased Return to Work | A gradual return to normal work duties after an employee has been absent, often used to support employees after jury service or other absences. |
| Redistribution of Tasks | The process of reallocating an absent employee’s duties among other staff members to maintain business operations during their absence. |
| Temporary Cover | Hiring a temporary worker to perform the duties of an employee who is absent, such as during their jury service. |
| Civic Duty | A responsibility that a citizen is required to perform as part of their role in society, such as serving on a jury. |
| Unfair Dismissal | The termination of an employee’s contract in violation of their legal rights, such as dismissing them for attending jury service. |
| Legal Framework | The system of laws and regulations that govern how jury service and related employer-employee obligations are managed in the UK. |
| Mediation | A process where an impartial third party helps to resolve disputes between an employer and employee, which may be necessary if issues arise during jury service. |
| Contingency Planning | The process of preparing for unexpected events, such as an employee being absent due to jury service, to minimise disruption to business operations. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
