Does an employee have to attend jury service?

Jurors are eligible people aged between 18 and 70 and receive a request to attend for jury service from the Court. This can not be ignored because if you fail to:

• complete the jury summons form or
• attend

There is a fine of up to £1,000. Therefore, as an employer, your practice must allow an employee to attend and can not dismiss an employee, make them redundant nor discriminate because of it.

Can jury service be put off to a later date?

It is possible to delay (defer) jury service in certain circumstances, by making an application to the jury officer, who is responsible for making that decision and, if granted, agreeing new dates. If you wish to delay jury service:

• the employee can apply for their own reasons, such as if they already got a holiday booked or are having an operation and

• the practice can also apply if it will harm the practice (business) without making a change

It is only possible to defer jury service once in any 12 month period. A jury officer will decide on the deferral and will arrange new dates.

How long does jury service last?

The average jury service is 10 days but this can be longer or shorter. For example, once a juror is sworn in by a Court for a trial that lasts 6 weeks, then the juror is expected to attend for the duration of that trial.

Do I need to pay the employee whilst they are on jury service?

There is no legal obligation for an employer to pay an employee whilst they are on jury service. However, if you:

• pay the employee, then you are not entitled to claim an reimbursement

• do not pay the employee then the employee can claim for loss of earnings, travel costs and subsistence from the Court whilst they are providing jury service. You will need to complete the employee’s certificate of loss which is provided to the employee with their jury service pack.

The employee cannot be paid their full earnings by the practice and claim them from the Court. However, where the amount which the employee receives from the Court for loss of earning would be less than their usual pay you may decide to top this up so that the employee does not suffer an overall loss.

What happens if an employee is not needed once called for jury service?

As and when the employee is not longer needed for jury service they are usually expected to return to work, unless you have reached an alternative agreement. For example, the employee may be released by the Court one morning and will not have to attend work again until the following morning.

It’s important that you clarify this because you need to provide this information on the employee’s loss of earning form.

Tip:

You should include what happens with jury service as part of your absence policy covering issues such as:

• what earnings, if any, you will pay
• when you expect the employee to return to work if they are no longer required (for example, they are released for a half day) and
• ensuring that the employee gives you as much notice as is possible.