Time off for public duties: a UK employer guide

Section 50 of the Employment Rights Act 1996 requires employers to let employees take time off during working hours to carry out certain public roles. The right belongs to employees: GOV.UK says agency workers, police officers, members of the armed forces, some merchant seamen and sea and rig workers, and civil servants whose public duties are linked to restricted political activities do not qualify.

There is no qualifying period in the legislation, so the right applies as soon as the employee holds the role. It covers attending meetings of the body or its committees, and doing other things the body approves to carry out its functions. Jury service is separate: every employee must be allowed time off for it, and you cannot refuse.

The qualifying roles are set out in section 50 and can be amended by order, so check the current list on legislation.gov.uk if a role is borderline. GOV.UK summarises the main ones as follows.

The law does not set a number of days. The amount, timing and conditions of the time off must be reasonable, and GOV.UK says you should agree it with the employee beforehand. Section 50 lists three things to weigh up.

Yes, if the request is unreasonable. GOV.UK says employers can refuse a request they think is unreasonable. You can also agree to the time off but on different dates, or for less time than asked, where the effect on the business justifies it. Base any refusal on the section 50 factors, not on a preference that the employee did not hold the role.

Put the reason for any refusal in writing and offer an alternative. If the employee thinks they are not being allowed enough time off, GOV.UK says they can raise a grievance, so a written record of what was asked for, what was agreed and why will matter.

Not by law. GOV.UK says employers can choose whether to pay for the time off but do not have to. Many employers pay a set number of days a year and treat any further time as unpaid, or let the employee use annual leave or make the time up. Whatever you choose, write it into your policy so every request is handled the same way.

Magistrates who are not given paid time off by their employer can claim a financial loss allowance from the court for loss of earnings. The judiciary describes the allowance as available where the employer does not already give paid time off to sit.

GOV.UK says a magistrate must be in court for at least 13 days, or 26 half-days, a year. The judiciary adds that there are extra training days, particularly in the first year. Magistrates get their rota in advance, which makes it one of the easier public duties to plan cover for.

The judiciary's own guidance for employers says the decision about whether the time off is paid or unpaid is the employer's.

Time off for trade union work comes from the Trade Union and Labour Relations (Consolidation) Act 1992 rather than section 50, but the two interact: time already taken for union duties or activities is one of the factors in deciding what is reasonable for public duties.

Officials of an independent trade union recognised by the employer are entitled to paid time off for duties such as collective bargaining and redundancy or TUPE consultation, under sections 168 and 169. Union members also have a right to reasonable time off for union activities under section 170, but that does not cover industrial action, and the section 169 pay rule does not apply to it.

An employee can complain to an employment tribunal that you failed to let them take time off under section 50. Since 1 October 2026 the complaint must be brought within six months of the failure, up from three months, unless it was not reasonably practicable to do so. The time limit can be extended to allow for Acas early conciliation.

If the complaint succeeds, the tribunal must say so and may award compensation that is just and equitable, taking into account your failure and any loss the employee suffered as a result.

Record public duties as their own absence type, separate from holiday and sickness, so the employee's annual leave balance is not reduced and absence triggers are not affected. Keeping a running total also helps you apply the 'time already taken' factor fairly.

In Leavely you can create a separate leave type for public duties with its own yearly allowance, half-day booking and a minimum notice period, and limit it to the employees who hold a qualifying role.