Jury service is a civic responsibility, which involves members of the public aged between 18 and 70 being randomly selected from the electoral register to sit on a jury in a court case. Unless there is a valid reason, it is unlikely they will be exempted. Valid reasons for being excused from jury service may include:
- Taking an exam during this time
- Having a pre-arranged life event, such as a holiday or a wedding
- Medical reasons
- Recently becoming a new parent
Those selected for jury service will receive a ‘jury summons’, which they must return within seven days. Following this, they will get information on how to get to the court and what to expect.
As reported by the BBC, adults in England and Wales have a 35% chance of being summoned for jury service at some point in their lives. Therefore, as an employer, it is quite probable that one of your employees will be called for this duty at some stage, making it essential to be prepared.
In this month’s guide, we will discuss an employer’s responsibilities when one of their employees is summoned for jury service.
Summary
Do I Need to Provide Employees Time Off for Jury Duty?
Will the Courts Notify Me if An Employee Has Been Called up For Jury Service?
Do I Need to Continue Paying Employees on Jury Service?
Can an Employee Decide to Take Annual Leave While Serving on a Jury?
Can I Ask for An Employee’s Jury Service to be Postponed?
Can I Still Ask An Employee to Work While on Jury Service?
Do I Need to Have a Policy on Jury Service?
How Can I Support My Employee After They Return From Jury Service?
Do I Need to Provide Employees Time Off for Jury Duty?
Under the Juries Act 1974, it is a legal obligation for employers to grant their employees time off when they are called for jury duty. Employees should not face discrimination or termination solely due to being summoned for jury duty, as this could lead to a claim in an employment tribunal.
The Agency Workers Regulations 2010 also protect agency workers who have been in the same role with the same employer for over 12 consecutive weeks.
How Long is Jury Service?
Typically, most cases are resolved within three to ten days; however, more serious offences, like murder or intricate fraud cases, may require a longer duration. If a judge determines that a case will extend significantly beyond the anticipated timeframe, they will inform jurors and offer them the choice to be excused from duty or to defer their service to a later date.
Will the Courts Notify Me if An Employee Has Been Called up For Jury Service?
The courts will not inform you if a member of staff has been selected for jury service. It is your employee’s responsibility to notify you as soon as possible, stating when they will need time off and, if possible, how much time they will need. Ideally, they should give you at least a week’s notice to give you some time to put together a cover or to redistribute their workload. Unless something else has been agreed upon beforehand, the employee should return to work if they are not needed in court.
Do I Need to Continue Paying Employees on Jury Service?
You are not legally obligated to pay your employee while they are serving on a jury. The court will provide a loss of wages allowance, along with travel expenses and a subsistence rate during their jury service. It is your responsibility and your employees to complete the Certificate of Earnings Loss form. On the first day of jury duty, your employee should take this form with them to court.
Jurors can claim up to £64.95 per day for loss of earnings and any extra care or childcare costs incurred due to their jury service. They can also claim their travel expenses to and from court, as well as £5.71 per day to help cover food and drink costs.
However, employers may choose to continue paying employees as a goodwill gesture or may decide to supplement their loss of earnings allowance if they are not providing their full salary.
Can an Employee Decide to Take Annual Leave While Serving on a Jury?
If both the employer and the employee agree, the employee has the option to use annual leave during their jury service. However, this is not mandatory, and employees have the right to take unpaid leave if they decide against using their annual leave.
Can I Ask for An Employee’s Jury Service to be Postponed?
If you think that having an employee away for jury service will significantly impact your business, you can send a letter to the court requesting a deferral and provide your reasons. This request could lead to your employee’s jury duty being postponed for as long as a year.
Your employee must co-sign the letter and submit it to the court within seven days. However, keep in mind that deferrals are subject to the court's discretion and are only granted in exceptional cases. Additionally, a request to delay jury service can only be made once within a 12-month timeframe.
Can I Still Ask An Employee to Work While on Jury Service?
While jurors are typically expected to be available from 10 am to 5:30 pm, Monday through Friday, there are often periods of downtime during jury duty. For instance, a juror might arrive at court only to find out they are not needed that day. On other occasions, they may only be required for a few hours. If your employee is in the waiting area, they are entitled to use their laptop during that time to handle remote tasks.
As an employer, you must decide whether to request that your employees come into work on days they are not required at court or to ask them to work remotely while they are in the waiting room. Remember that jury service can sometimes be stressful or upsetting, so depending on the situation, it might be wise to give your employees the day off regardless.
In any event, you should prepare for their period of jury service as if they will be unavailable during the workday, as you won’t know how much downtime the employee will have until they actually arrive at the court.
Do I Need to Have a Policy on Jury Service?
Companies should establish a clear and comprehensive policy on jury service, which could be included in the employee handbook. This policy should explain how and when employees must inform you of their jury summons, whether you will continue to pay employees during jury service, and your expectations for employees to work if they are not required in court for the entire day, ensuring clarity and fairness for all staff. Ensure all staff are aware of the policy and have signed it.
How Can I Support My Employee After They Return From Jury Service?
Checking in with your employee after their jury service is a good practice to see how they are coping. Some employees may find the experience emotionally taxing, particularly if they were involved in a challenging case. Providing support or flexibility can assist them in readjusting.
How We Can Help
Our dedicated employment team provides comprehensive support to employers in every aspect of workforce management. This includes guidance on the various rights and responsibilities associated with employee leave of absence, ensuring that businesses navigate these complex issues effectively and in compliance with the law. For more information and advice, contact us today on 0330 173 6983 or email us.
