Jury Service Leave UK: Employer Rights & Obligations

When one of your employees receives a jury summons, you need to handle it correctly. Jury service is a civic duty protected by law, and employers who obstruct it can face serious consequences. This guide explains your obligations, what you need to pay (if anything), and how to manage the absence smoothly.

The legal obligation to allow time off

Under the Juries Act 1974, every employer in England and Wales must allow an employee to attend jury service when summoned. It is a criminal offence to try to prevent an employee from attending. This applies regardless of how inconvenient the timing may be for the business.

In Scotland, jury service is governed by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, with similar obligations on employers. In Northern Ireland, the Juries (Northern Ireland) Order 1996 applies.

How long does jury service last?

Jury service in England and Wales typically lasts for 2 weeks (10 working days). However, employees may be selected for longer trials that can last weeks or even months. The court will inform the employee of the expected duration in the summons or at the start of service.

In practice, some jurors are released early if they are not selected for a trial, while others may serve for the full period or beyond. Employers should plan for the full 2-week period as a minimum.

Pay during jury service

There is no legal requirement for employers to pay employees during jury service. However, many employers choose to continue paying — either as full pay or a top-up above the court allowance. Common approaches include:

• Full pay — the employer pays normal salary throughout. This is the most employee-friendly approach and is common in larger organisations.
• Top-up pay — the employer pays the difference between the court allowance and the employee's normal salary.
• No pay — the employee claims the loss of earnings allowance directly from the court.

Court allowances

Employees who are not paid by their employer during jury service can claim allowances from the court, including:

• Loss of earnings — up to £64.95 per day for the first 10 days, and up to £129.91 per day after that (rates subject to change).
• Travel expenses — the cost of travelling to and from court.
• Subsistence — a daily allowance for food and drink if serving away from home.

Your policy should make clear what the employee will be paid and what they need to claim from the court themselves.

Can the employer refuse or defer jury service?

An employer cannot refuse an employee's jury service. However, either the employee or the employer can apply to the court for a deferral (postponement to a later date) or, in rare cases, excusal (complete exemption).

Grounds for deferral include:

• The employee is the only person who can perform a critical role during a busy period.
• Pre-booked holidays that cannot be changed.
• Exams or professional qualifications with fixed dates.
• A colleague is already on jury service at the same time, leaving the team severely short-staffed.

Deferral is usually granted once, but the court is not obliged to agree. Applications should be made promptly after the summons is received.

Impact on annual leave

Jury service should not be deducted from annual leave. It is a separate category of absence. Requiring employees to use their holiday entitlement for jury service would be unfair and could expose the employer to claims. Annual leave continues to accrue during jury service as normal.

Impact on other employment terms

An employee on jury service retains all their employment rights, including:

• Continuity of service is unbroken.
• Pension contributions should continue as normal (check your scheme rules).
• The employee should not suffer any detriment — no demotion, no loss of promotion opportunity, and no dismissal because of jury service.
• Dismissing an employee for attending jury service is likely to be automatically unfair dismissal.

What to tell employees

When an employee receives a jury summons, make sure they know:

1. They must inform their manager as soon as possible after receiving the summons.
2. Whether the company pays during jury service (full pay, top-up, or no pay).
3. How to claim the court loss of earnings allowance (if applicable).
4. That they should return to work on any days when the court releases them early or does not require their attendance.
5. That jury service absence will not count against them in any absence management process.

Record keeping

Keep a record of the jury service dates, any correspondence with the court, and how the absence was handled. This provides an audit trail in case of any future dispute or tribunal claim.

How Leavely tracks jury service

Leavely lets you manage jury service as a distinct leave type, keeping it separate from annual leave and sick leave:

• Custom leave type — set up "Jury Service" as a dedicated absence category with its own tracking.
• No impact on allowances — jury service does not reduce the employee's annual leave balance.
• Calendar visibility — the team calendar shows jury service alongside other absences, helping with resource planning.
• Audit trail — all jury service records are logged with dates, approvals, and notes.