Jury service: your questions answered

When an employee tells you that they have been called for jury service, it will probably be a surprise. You may never have had an employee called for jury service before, or if you have and it was some time ago, you may have a lot of questions. Here we get those questions answered for you. 

What is the right? 

Employees don't have a specific legal right to take time off to sit on a jury but are protected if they are dismissed or otherwise subjected to a detriment (such as being demoted) for being absent from work on jury service. 

The right to claim unfair dismissal in these circumstances does not require the employee to have at two years' service with the same employer. 

Which staff are protected? 

These rights only apply to employees, not other workers (such as agency workers, or casual staff). 

An employee will lose their automatic protection from unfair dismissal if their employer can show that:

• The employee's absence is likely to cause substantial problems for the employer. This might happen if the employee is a key individual (particularly where they are required to sit for more than a week or two), or for a small employer who could not obtain suitable cover etc; and
• It explained this to the employee; and 
• The employee refused or failed to apply to the court for excusal from or a deferral of the obligation to attend and this was not reasonable. 

How is it exercised? 

The legislation does not set out any formalities for the exercise of the right to attend jury service. However, employees should ideally give as much notice as possible to their employer if they are summoned, so that the possible effect on the business can be considered, and if necessary, cover provided. 

Larger employers often have policies which set out what they expect an employee to do if they are summoned to jury service. 

How much time off may be taken?

The amount of time that an employee may be required to serve on a jury is not fixed. This can cause problems because the employer may not know immediately how much time off will be required. Some people are only asked to attend for a week or two and may in that time hear a number of short cases. Other cases can go on for months and this can cause much more difficult operational issues. 

Do employers have to pay staff absent on jury service?

No, although some employers do elect to do so, usually for a limited period of time. Employees who are not paid by their employers at all, or who only receive a “top up” payment instead have to apply to the court for loss of earnings and to claim for travel and food expenses. 

The rates that apply are capped and are dependent on the length of the individual's daily rate of £64.95 which will compensate those on low incomes but will not fully compensate those on higher wages. It is unsurprising therefore, that those who do not receive their normal pay are often reluctant to attend as this can put them severely out of pocket. 

Employers have to fill out a Certificate of Loss of Earnings that the employee can use to claim loss of earnings. 

An employee who is not paid by their employer during jury service does not suffer a detriment and can't complain about this at a tribunal or civil court. 

Can an employer ask the court to differ jury service?

No, but they can ask their employees to apply to delay or exclude them from jury service if it will cause significant problems for the business. If the employee applies for a delay, they are expected to give dates when they are available to undertake jury service. The employee will only be able to delay once in a 12-month period. 

The employer cannot make an application on behalf of its employee, but can provide a supporting statement. Anecdotal evidence from employers suggests that it is becoming more difficult to persuade the court to defer or exclude an individual even when there are strong business grounds to support the application. 

For example, a large organisation (employing around 250 staff) received applications from two key members of staff working in a hospital environment to take time off to attend jury service. The organisation could not obtain cover as their roles were highly specialised. The charity's contract with the hospital required all staff to have up to date DBS checks and separate authorisation from the hospital for all staff working on the project. The charity had no control over how quickly the DBS checks and authorisation process took and it was not available in time. Despite this, both applications were declined. 

If the employee does not apply to defer or excuse themselves, the jury summons remains in force. If the employee does not turn up for jury service on the agreed start date, they can be fined £1,000.

Other considerations

Individuals called to sit on a jury are not always engaged for the whole period. It can take a day or two for cases to be called, and the case will not always last for the whole working day. Some organisations require their staff to advise their manager if they have been let off early in order that a decision can be made about whether it is practical to ask them to return to work. 

The charity that we spoke to said that one of their very young, junior members of staff attended jury service and found the duty emotionally draining. On one occasion she was let off early and her manager allowed her to take the whole day off to give her time to get over the harrowing evidence she had heard. That organisation also considered what additional support the employee might need when she returned to work, such as counselling. 

Any person attending jury service will be told by the Judge that they should not discuss the case with anyone other than with fellow jury members and must not post comments about the trial on social media websites etc. 

It is helpful for an employer to remind all staff that a juror must not talk about the trial (even after it has finished) as this is considered to be a contempt of court and jurors can be imprisoned or fined. It is important for managers to lead by example and ensure that inappropriate questions are not asked when the employee returns to work. Employers can include this in a policy that is communicated to and available to all staff.

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