The rules on Jury Service

What is Jury Service?
Jury service is a civic duty that some people may be asked to do in helping decide the outcome of criminal (and civil) trials in a court. A jury comprises of 12 members of the public that are randomly selected using the electoral registers. Once an individual is notified through a 'jury summons' of this public duty, they are required to attend and if not they could be fined up to £1,000. 

As an employer are you required to allow this time off for Jury Service?
If your employee is requested to attend jury service, legally you must allow your employee the time off for this. If you refuse your business could be in contempt of court.  The law is on the employees side and they have the right not to be treated unfairly (for example, not being considered for training, promotion, etc.) because of their attendance.

Do you have to pay the employee?
Whilst an employee is on Jury Service an employer is not obliged to pay them, although it is commonplace that many employers do.  The options available to you are; pay nothing, continue to pay them in full, or make up the difference from the loss-of-earnings allowance they may receive from the court.

The employee will be entitled to claim for food and travel expenses and for their loss of earnings (if applicable). If the employee wishes to claim for loss of earnings they must complete a ‘Certificate of Loss of Earnings’ form. Limits are applied to these claims and are subject to the length of time the employee is required to attend Jury Service. 

How much notice will employees get?
The 'jury summons' for attending jury service is sent to individuals approximately one month before they are due to attend court for jury selection.

How long will jury service last?
Jury service commonly lasts for 10 days, but some trials take longer. Jurors are usually pre-warned if a trial is expected to last a long time and they are asked by the court if this would cause them any difficulties. Many trials though only last 2 to 3 days, so the employee may be required to take part in more than one trial. 

Can an employer place a request for the Jury Service to be postponed?
No. However, an employer has a right to review the impact of the absence from work on the business and if it is determined that the attendance at Jury Service will have a serious impact on the business, the employer can ask the employee to defer their attendance.  

What can an employee do to postpone the Jury Service?
An employee can ask for their jury service to be deferred, but for no more than 12 months from the original date. The employee must apply to have their jury service deferred by completing part two of their jury summons form. The reason for the deferral must be provided and dates of when the employee is available; a decision will be made by the court. If and when this has been accepted, they will get a letter confirming the deferral and giving them a new date for their jury service. The employee cannot request a deferral twice and must attend on the second occasion.

Unfair Dismissal
If you dismiss an employee because they have been called up for attended Jury Service they will be entitled to claim Unfair Dismissal. However, as the employer, if you presented a valid business reason for the employee to request a postponement, deeming this as a reasonable management request and they did not do this, then dismissal may be deemed to be fair; although determining dismissal as a reasonable management response would be done so in excessive situations and on a case by case basis.  

As always if you need any further information please contact us on 0844 630 9140 and we will be happy to provide support.