Jury service is a civic duty that UK employers are legally required to support. The Employment Rights Act 1996 provides employees with a right to time off for jury service, but the rules around pay, notification, and employer obligations are often misunderstood. This template gives you a clear, compliant policy to handle jury service requests fairly and consistently.
Key Takeaways
- Employees have a statutory right to be excused from work for jury service under the Employment Rights Act 1996.
- Employers are not legally required to pay employees during jury service, but many choose to do so as a benefit.
- Employers can apply to defer jury service if it would cause serious disruption to the business.
- Employees must provide reasonable notice and evidence of their jury service commitment.
What This Template Covers
This template provides a complete jury service leave policy for UK employers. It covers the statutory right to time off, employer obligations around notification and pay, the deferral process, what happens to benefits during jury service, and guidance for managers. It is designed for businesses of all sizes and can be tailored to your company’s pay policy.
Jury Service Leave Policy Template
1. Purpose
[Company Name] recognises that jury service is an important civic responsibility. This policy outlines the arrangements for employees who are called to serve on a jury, ensuring compliance with UK employment law while managing the impact on business operations.
2. Scope
This policy applies to all employees of [Company Name], including those on fixed-term contracts. It does not apply to agency workers, contractors, or the self-employed, who are not entitled to statutory time off for jury service.
3. Statutory Right to Time Off
Under the Employment Rights Act 1996 (Section 50), employees have the right to be paid and released from work for the duration of jury service. Key points:
- The right applies from the first day of jury service.
- There is no minimum qualifying period of employment to exercise this right.
- Employers cannot dismiss an employee for performing or intending to perform jury service. Dismissal for this reason is automatically unfair.
4. Employee Responsibilities
Employees who receive a jury summons must:
- Notify their line manager as soon as possible after receiving the summons (ideally within 5 working days).
- Provide a copy of the jury summons and any subsequent correspondence with the court.
- Inform the court of any hardship that would result from attending (if applicable).
- Notify [Company Name] immediately if they are selected for jury service and provide details of the expected duration.
- Inform the company promptly if jury service is concluded early or if they are excused.
5. Employer Pay Policy
[Company Name]’s position on pay during jury service is as follows:
- [Option A — Full pay]: [Company Name] will pay employees their full normal pay for the duration of jury service, up to a maximum of [X] working days. Employees will be required to refund to the company any jury service attendance allowances received, up to the amount of their normal pay.
- [Option B — Statutory only]: [Company Name] will not provide additional pay beyond the statutory jury service allowance paid by the court (currently £64.80 per day for the first 10 days, £133.24 per day for days 11–200, and £178.28 per day for days 201–450).
- [Option C — Hybrid]: [Company Name] will top up pay to the employee’s normal salary for the first [X] days, after which only the statutory allowance applies.
6. Deferral of Jury Service
If an employee’s jury service would cause serious disruption to the business, [Company Name] may apply to the court to defer the service to a more convenient time. Deferral requests must be:
- Submitted promptly upon receipt of the summons
- Supported by evidence of the business impact
- Made in accordance with the court’s procedures
Employees should be aware that deferral is granted at the court’s discretion and is not guaranteed.
7. Benefits During Jury Service
During jury service, the following benefits continue:
- Annual leave continues to accrue.
- Pension contributions continue (employee and employer).
- Company benefits (e.g., private medical insurance, life assurance) continue unchanged.
8. Return to Work
Employees should notify their line manager as soon as jury service concludes. A return-to-work conversation will be held to catch up on any changes that occurred during the employee’s absence.
9. Monitoring and Records
[HR Contact/Department] will maintain a record of jury service absences and associated costs for budgeting and workforce planning purposes.
10. Policy Review
This policy will be reviewed annually or following changes to the Employment Rights Act 1996 or relevant statutory instruments.
Legal Requirements Summary
| Requirement | Detail |
|---|---|
| Legislation | Employment Rights Act 1996, Section 50 |
| Right to time off | From day one of employment |
| Employer pay obligation | No statutory requirement to pay (only court allowance applies) |
| Court allowance (2025–26) | £64.80/day (days 1–10), £133.24/day (days 11–200), £178.28/day (days 201–450) |
| Dismissal protection | Automatically unfair if related to jury service |
| Deferral | Can be applied for by employer via the court |
Customisation Tips
- Decide your pay approach clearly. The three options above cover the most common approaches. Whatever you choose, be consistent and communicate it to all employees.
- Include a maximum pay duration. If you offer full pay, set a cap (e.g., 10 or 20 working days) to manage costs.
- Add a section on exceptional jury service. Some trials last months. Clarify what happens if jury service extends beyond the standard pay cap.
- Consider a jury service support fund. Some employers offer a small hardship fund for employees who face financial difficulty during extended service.
Common Mistakes to Avoid
- Telling an employee they cannot take time off for jury service. This is illegal and constitutes automatically unfair dismissal.
- Requiring employees to use annual leave for jury service. Jury service leave is a separate statutory entitlement and must not be deducted from annual leave.
- Failing to track jury service absences. This can create payroll and workforce planning issues, especially for small teams.
- Ignoring the deferral process. If jury service timing is genuinely problematic, apply for deferral early rather than placing the burden on the employee.
- Not communicating the pay policy clearly. Employees should know before they are summoned whether they will receive full pay, top-up pay, or only the court allowance.
Frequently Asked Questions
Can we dismiss an employee for being called for jury service?
No. Under the Employment Rights Act 1996, dismissal for performing or intending to perform jury service is automatically unfair, regardless of the employee’s length of service. This applies even if the employee is on a probationary period.
What if an employee’s jury service lasts longer than expected?
If jury service extends beyond the originally expected duration, the employee should notify their manager promptly. The company pay policy (full pay, top-up, or statutory only) continues to apply for the extended period. If the extension causes serious operational issues, the employer may apply to the court for deferral of future service.
Can we ask an employee to reschedule their jury service?
You cannot directly reschedule an employee’s jury service. However, you can apply to the court for a deferral if the timing causes serious disruption to the business. The employee should also be informed that they can individually request a deferral from the court if the timing is problematic.
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