Do I have to pay an employee on jury service?

Most employers, at some point, will be asked by an employee for leave of absence because they have been selected for jury service.

In theory, everyone who is on the electoral register aged between 18 and 70 can be called but some will not be eligible. Some employees will never be asked and others may be asked more than once. We answer your questions on what to do when an employee has been summoned.

Does an employee have to prove to me they have been called for jury service?

Employees should inform you as soon as possible. They should provide you with a copy of the letter that confirms the summons and tell you when they will need leave and for how long in order to arrange cover.

Am I required to provide them time off?

You must grant them the appropriate time off work to fulfil their jury service duties. In most cases, they will be away for an average of ten working days, but it will depend on the case.

You do have the right to ask your employee to delay jury service if the absence will have a serious detrimental impact on your organisation. Jury service can only be postponed once in a 12 month period.

Do I need to pay the employee for this leave?

There is no statutory requirement for you to pay an employee their normal salary for the time they are on jury service. The court covers certain costs, such as loss of earnings, travel and subsistence. The employee will ask you to fill in a Certificate of Loss of Earnings form so that they can make a claim to the court.

Are employees provided legal protections?

Employers cannot dismiss or treat an employee in an unfavourable way because they have served on a jury, whatever their length of service. Employees are entitled to not be selected for redundancy, where the reason is linked to them having performed jury service.

If you need more guidance or support, contact your designated Employment Law Adviser who can answer all your questions.

Director of Legal Services

James Tamm

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We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

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