Jury Service: Employer Quick Reference on Leave, Pay and Notice

Jury service is a civic obligation that requires employees to attend court as potential jurors or to serve on a jury. Most jurisdictions impose legal obligations on employers to allow employees to attend jury service without being dismissed, penalised or losing their position. The specific rules around notice, pay during service and the duration of protected leave vary by country and, in the US, by state.

Key Takeaways

• In the UK, employees are entitled to reasonable time off for jury service, and dismissal for attending is automatically unfair
• In Australia, state and territory laws govern jury service leave; employers must allow employees to attend and some jurisdictions require payment of the difference between jury pay and the employee’s ordinary pay
• In the US, federal and state laws protect employees from employer retaliation for jury service, but pay obligations vary

What Jury Service Means for Employers

Jury service creates an unplanned absence that can disrupt staffing, particularly in small businesses. However, the legal protections for employees attending jury service are robust. In the UK, the Employment Rights Act 1996 provides that an employee is not entitled to be unreasonably refused time off for jury service. Dismissal or selection for redundancy because of jury service is automatically unfair under section 152 of the Act, regardless of length of service or working hours.

In Australia, each state and territory has its own jury service legislation. In New South Wales, the Jury Act 1977 provides that employers must not terminate or prejudice an employee for attending jury service. In Victoria, the Juries Act 2000 requires employers to provide leave for jury service and some jurisdictions mandate pay top-ups.

In the US, the Jury Systems Improvement Act of 1978 prohibits employers from discharging, threatening or coercing employees for serving on a federal jury. State laws extend these protections further, with many states adding pay requirements and anti-retaliation provisions.

Jury Service Rules by Region

Country	Rule	Detail
UK	Employment Rights Act 1996	Employees can take reasonable time off for jury service; dismissal for jury service is automatically unfair
AU	State/territory legislation (e.g. NSW Jury Act 1977)	Employers must allow attendance; some jurisdictions require pay top-up between jury pay and ordinary pay
US	Jury Systems Improvement Act 1978	Federal law protects against retaliation; state laws add pay requirements in many jurisdictions

How Jury Service Works in Practice

A Manchester-based software company receives notice that an employee, David, has been summoned for jury service starting in three weeks. Under the Employment Rights Act 1996, David provides his employer with a copy of the summons and requests time off. The employer cannot refuse a reasonable request.

During the two-week trial, David is paid his ordinary salary, minus the jury service allowance he receives from the court (currently £64.50 per day in England and Wales for the first ten days). The company’s jury service policy provides for the difference to be paid as a contractual benefit, which helps retain David’s goodwill during the absence.

When the trial concludes, David returns to his role. The employer has documented the absence as jury service rather than personal leave, which ensures David’s statutory leave entitlements are not affected.

Common Mistakes with Jury Service

• Requiring employees to use annual leave or personal leave for jury service, which may breach employment law
• Failing to respond to a jury summons within the required timeframe, which can result in court penalties for the employee and employer complications
• Not documenting jury service separately from other leave types, which affects the employee’s statutory entitlements
• Treating an employee less favourably after jury service, which may constitute automatic unfair dismissal in the UK or adverse action in Australia
• Assuming jury service only applies to criminal cases; civil jury trials also trigger employment protections

FAQ

Is jury service leave paid?

In the UK, there is no statutory requirement for employers to pay employees during jury service, but many employers do so as a contractual benefit. In Australia, some jurisdictions require employers to pay the difference between jury pay and the employee’s ordinary pay. In the US, federal law does not require paid jury leave, but many states do.

Can an employer refuse a jury service request?

In the UK, an employer cannot unreasonably refuse time off for jury service. In Australia, state laws require employers to allow attendance. In the US, federal and state laws protect employees from retaliation for serving on a jury.

How much notice should an employee give for jury service?

Employees should provide their employer with a copy of the jury summons as soon as they receive it. In the UK, employers should be given at least the notice period specified in the summons, which is typically at least ten days before the service date.