An employee informs you that they have been summoned for jury service

legal updates

The jury service process can be unpredictable and may cause an interruption to the business.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Jury service is essential to the running of the criminal justice system

Anyone between the ages of 18-70 can be called for jury service unless they fall into one of the four exempt categories. The exemptions primarily relate to certain job types and those who have recent criminal convictions.

Most of our clients and their employees are unlikely to be exempt from participating in jury service. If you have an employee who has been summoned for jury service, you may have a few questions about how this affects your business.

Do I have to allow my employee time off?

If an employee informs you that they have been summoned for jury service, you cannot refuse them time off to participate in this service.

The jury summons letter will provide the employee with the date they are expected to attend court. There are limited circumstances for which the juror could ask to change the date of jury service to another date within the next 12 months such as: if they have an operation, exam, holiday, they are a new parent, or their employer will not give them time off work due to their absence seriously harming the business. The date can only be changed once.

As an employer, you cannot use the employee’s time off for jury service as a reason for dismissal. This will result in the dismissal being ‘automatically unfair.’ Likewise, you cannot discriminate against your employee for attending jury service.

The jury service process can be unpredictable and may cause an interruption to the business. Whilst jury service is typically expected to last no longer than 10 working days, this is not guaranteed and will depend on the type of case being tried. With the exception of the first date of attendance, jurors will not know beforehand the specific time and dates they will be expected to attend court. Therefore, it is recommended you communicate with the employee throughout the service period to confirm whether they have any dates available to attend work, even if it is for a half day. However, it is also advised you have arrangements in place throughout the 10 days (or more) to cover the employee’s absence.

Do I have to pay my employee if they are on jury service?

Unless the employment contract states otherwise, you do not have to pay your employee for their time off for jury service. The court will reimburse the employee for their loss of earnings during their time at court. You can, however, choose to pay your employee.

Connected Car FinanceReady to take the connected approach?

We’re here to ensure all used car dealerships deliver a better car finance experience for their customers. With over 4,000 approved dealer partners we ensure you are properly supported and connected with a range of flexible finance options, allowing you to lend and your customers to buy in complete confidence.

Your employment contracts may not have a clause relating to pay for time off for jury service. Before agreeing to pay the employee for their jury service time, you should be cautious and consider this may set a precedent for other employees.

The employee will be given a ‘certificate of loss’ form for you to complete. The form is self-explanatory and simply requires you to confirm the employee’s days and hours usually worked and their hourly rate of pay.

The amount paid by the court for the employee’s loss of earning is capped and the amount that can be claimed depends on the hours spent at court each day and the length of jury service. At the time of writing, the pay is currently capped at the following rates –

For the first 10 days of jury service, employees can claim up to:

  • £64.95 per day if you spend more than four hours at court
  • £32.47 per day if you spend four  hours or less at court

After 10 days, the employee can claim:

  • £129.91 per day if you spend more than four hours at court
  • £64.95 per day if you spend four hours or less at court

Some employees may earn more than the capped amount. You may, therefore, wish to consider topping up their payment so they do not suffer a loss. The employee will need to keep a record of the time and dates they attended court so that the top up amount can be calculated.

Lawgistics members can utilise HR Manager, an easy to understand, simple to use piece of software that enables you to manage all aspects of HR, Employment Law, Health and Safety and GDPR compliance for your business. HR Manager is FREE and available to all Lawgistics members. Call 01480 455500 to start using HR Manager today or to talk to your legal advisor.

Katie PlemonsSolicitorRead More by this author

Related Legal Updates

From initial complaint to court claim form – let us help you

You can feel assured that court deadlines are attended to with the required attention and specialism.

Is it time to ditch “Dear Sirs”?

Clearly, “Dear Sirs” is old-fashioned, but is it sexist?

Location, Location, Mislocation: A costly oversight in court attendance

What the unfortunate Claimants (husband and wife) had not appreciated, was that the hearing was listed for the court at Central London.

Court re-instates a claim because of its own error!

One wonders how many times the courts have made the same error.

To Be or Not To Be Remains the Legal Question

The Claimant had sought to reject a commercial van that he had been using for business purposes but alleged that he was a consumer.

Always Deal with Court Documents

This cost our member an application fee to the court, plus a legal representative at court for the hearing.

Warning to all! You must follow the orders of the court!

Had the consumer been reasonable, this issue could have been resolved without going to court.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.