Jury service and work

Your employer must give you time off for jury service, but in England and Wales it does not have to pay you while you are away. If you lose earnings, you can claim them back from the court up to a daily limit. Many public sector employers go further and keep paying your normal salary, then ask you not to claim loss of earnings (or to pass on what you receive). Check your employer’s policy before your first day in court.

Your right to time off

If you are summoned, your employer must let you go. You are protected from dismissal and from detriment because you were summoned or did jury service. A dismissal for that reason is automatically unfair, with no qualifying period.

An employer can ask you to apply to defer your service if your absence would cause serious problems, for example during a critical period for a small team. It cannot stop you going, and it is the court, not your employer, that decides whether to grant a deferral. Deferral is for a short period, not a way out. You make the request yourself, using the form that comes with the summons, and you can attach a letter from your employer.

The summons tells you how long you should expect to serve. Some trials run longer, and you will be told if you might be needed for more. Scotland and Northern Ireland have their own systems and forms.

Pay: what the law says

There is no legal duty on employers to pay you during jury service. If they do not, you claim from the court for:

• loss of earnings, up to a daily limit that depends on how long you serve and how long you are at court each day
• travel costs
• food and drink, if you are there for a set number of hours

The limits are set by HM Courts and Tribunals Service and change from time to time. The current rates, and how they rise if a trial runs long, are on the gov.uk page on what you can claim. If you earn more than the daily limit, you lose the difference.

To claim loss of earnings you need a certificate of loss of earnings filled in by your employer, showing what you would normally have earned. Self-employed people fill in their own version.

What public sector employers usually do

Most NHS trusts, councils, schools and government departments have a jury service policy, often called something like “special leave” or “time off for public duties”. Common approaches are:

• full pay is maintained, and you do not claim loss of earnings from the court
• full pay is maintained, and you claim loss of earnings and pass the amount to your employer
• you are paid by the court, and your employer makes up any shortfall

All three leave you no worse off, but the paperwork differs. Read the policy or ask HR before you go, because claiming loss of earnings and also receiving full pay can leave you with an overpayment to sort out later.

Travel and food expenses are separate. You can usually still claim those from the court.

Shift workers and term-time staff

If you work shifts, your manager should take you off the rota for the days of service, including any night shift the night before a court day. You should not be asked to work a full shift on top of a day in court. The rest break rules still apply: 11 hours’ rest between working days.

Term-time staff in schools may be called during the school holidays. If you are not working that week anyway, there are no earnings to lose and no time off to arrange, but you can still claim travel and food. If you are called during term, the normal rules apply.

Your holiday entitlement

Jury service is not annual leave. You keep your full holiday entitlement, and if you had holiday booked during the dates of your service, ask to rebook it. Your employer cannot make you take holiday instead of giving you time off for jury service.

How to handle it at work

Tell your manager as soon as the summons arrives, and give HR a copy. Agree how your pay will be handled and which forms are needed. When you return, check your next payslip, because special leave codes sometimes go wrong in payroll. If you are paid less than you expected, raise it promptly. Our guide on how to read your payslip can help you spot what went wrong.

If your employer refuses to let you go, or treats you badly because of jury service, contact the jury central summoning bureau, then ACAS or your union.