Jury service employer guide: Pay, policy and procedures
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Jury service employer guide: Pay, policy and procedures
Jury service is a vital civic duty, but when one of your employees is called, it can raise questions about business operations, staff cover and payroll. For jury service employers, it’s essential to understand your legal responsibilities and how best to support your team through the process.
If you’re not sure how to navigate jury duty, don’t worry, we have you covered. The downloadable resource includes:
- Top five mistakes to avoid when handling jury service
- Jury duty checklist for businesses
- Jury service deferral process flowchart
- Business impact planner: Jury service absences
Want to make sure you’ve complied with all obligations? Download the Jury Service Employer guide now.
What is jury service?
Jury service, sometimes called jury duty, is a civic responsibility where members of the public are randomly selected to serve as jurors in a court case. Jurors play a vital role in the justice system by listening to evidence presented in court, considering the facts and reaching a verdict alongside fellow jurors.
In the UK, most people aged between 18 and 75 who are on the electoral register can be called to assist. A summons is issued by the court and is a legal requirement, meaning those selected must attend unless they are formally excused or granted a deferral.
For employers, this means that if an employee is called to serve, you are legally obliged to allow them time off work to attend. While the courts try to keep disruption minimal, some cases can run longer and planning ahead is essential.
Can an employer refuse jury service?
The short answer is no, employers can’t refuse an employee’s request to attend jury service.
When an employee is summoned, they are legally required to attend unless the court grants a deferral or exemption. Businesses don’t have the authority to stop people from serving.
However, in some limited circumstances, businesses can support their employees in applying for a deferral. For example, if their absence would cause serious disruption to your business or there are critical deadlines that cannot reasonably be covered, the employee may request to defer their service. It’s important to note that a jury service deferral must be approved by the court and is usually permitted only once.
As a business, staying HR compliant is essential and preventing a member of your workforce from serving or treating them unfairly could expose your company to legal risk. The safest and most supportive approach is to work with the employee to plan ahead, manage workloads and ensure their rights are respected while maintaining business continuity.
Do employers have to pay employees during jury service?
A big question many businesses have is around pay during their employees’ jury service. In the UK, employers are not legally required to pay employees during jury service, and there is no statutory obligation to cover their usual wages for this period. But it’s important to keep in mind that once an employee is summoned, they are entitled to take time off to attend court.
Not receiving pay is a major concern for many employees, so many organisations choose to support their staff by offering full or partial pay during their absence. Although not mandatory, this approach can help to maintain goodwill, reduce financial stress for your team and demonstrate your business’ commitment to fairness and support. Top-up pay is an optional payment an employer can offer to cover the gap between the court’s jury service allowance and an employee’s usual wages, so they don’t lose income while serving on a jury. If you decide to offer top-up pay, make sure your policy is clear and applied consistently across the business.
For many SMEs, budgets are tight and paying someone while they are not working on taking annual leave isn’t possible. In this case, employees can claim financial loss allowances directly from the court. These allowances cover a portion of lost earnings, as well as certain travel and meal expenses. To make a claim, employees must provide evidence from you as their employer (such as a completed loss of earnings form) confirming what they would have earned.
In practice, the simplest approach for employers is to:
- Confirm whether your organisation will provide pay or a top-up.
- Support the employee with the paperwork needed for court claims.
- Ensure payroll and HR are aligned on how jury service absences will be recorded.
By being upfront and supportive, you can minimise disruption while helping your employee fulfil their civic duty without unnecessary stress.
What should employers do when notified of jury service?
When a member of your team is asked to complete their civic duty, early preparation is key. As a jury service employer, having a structured process helps you to stay compliant, reduce disruption and support your team with confidence.
To make this easier, we’ve created a downloadable jury service guide that covers every step in detail, but here are the essentials to get you started:
Confirm dates and obligations with the employee
The first thing you need to establish is the dates stated in the summons and confirm the estimated duration of your employees absence from work.
It’s also important to discuss how this time off will be recorded (e.g. as special leave, unpaid leave or paid leave if you offer a top-up policy).
Provide written guidance to the employee
It’s likely that this is your employees’ first experience with court service, so try to support them as much as possible. Jury service employers can do this by providing clear, written guidance about your organisation’s approach to service.
This should include:
- Pay information: Such as if you will continue to pay them or if they need to apply for financial loss allowance.
- Whether you’ll top up court allowances.
- Internal procedures they should follow: Such as notifying payroll or HR.
Having all of this in writing avoids confusion and sets clear expectations.
Familiarise yourself with jury service expenses and claims
If you do not pay employees during their court service, they will need to claim financial loss allowances from the court.
As a jury service employer, you may be asked to complete forms confirming their normal earnings. Take time to familiarise yourself with the claims process so you can provide accurate, timely information. This helps your employee avoid delays in receiving compensation.
How long does jury service usually last?
In most cases, jury service in the UK lasts for around 10 working days (approximately two weeks). This is the standard length set by the courts and many trials are completed within this timeframe. However, jurors may be called to serve on more than one trial during this period, so their attendance is still required even if an earlier case finishes sooner.
However, it’s important for employers to understand that some cases can extend beyond this period. If a trial runs longer than expected, jurors are required to remain for the full duration. This could mean an employee’s absence continues for several weeks or, in rare instances, even months.
The court will keep the juror informed about the expected length of service as the case progresses. As an employer, the best approach is to plan cover for at least the initial two-week period and be prepared to adjust if the employee notifies you of an extension. Maintaining open communication with your employee throughout helps to manage workloads and minimise disruption.
To learn more about managing extended absence due to court service, download the guide.
Can employers request to defer an employee’s jury service?
Employers themselves cannot directly request a deferral, but you can support your employee in applying for one if their absence would cause serious difficulties for the business. Any request must come from the employee and the court will decide whether or not to grant it.
To apply for a deferral, the employee must complete the relevant section of their summons paperwork, providing details of why they cannot attend on the scheduled dates. Businesses may be asked to supply supporting evidence to show the impact of their absence.
Acceptable reasons for deferral can include:
- A critical business deadline or seasonal peak where the employee’s presence is essential.
- The employee’s role being business-critical and difficult to cover in the short term.
- Situations where multiple employees have already been summoned at the same time.
It’s important to note that deferrals are not granted automatically. The court will only allow them in genuine cases of hardship and usually only once. If the deferral is approved, the employee will be given new service dates within the next 12 months.
As best practice, businesses should treat deferral as a last resort. Planning ahead, redistributing work and maintaining flexibility often provide a more reliable long-term solution than attempting to delay service.
Best practice policy for managing jury service
While jury service is a legal obligation, the way your business manages it can make a big difference to employee confidence and workplace continuity. Here are some best practices for managing it as a jury service employer.
Encourage openness and early communication
The key to best practices for business is prioritising openness and communication. Therefore, make it clear that your team should notify you as soon as they receive a summons.
An open culture helps staff feel comfortable raising the issue early, giving you more time to plan cover, reassign tasks or manage deadlines effectively.
Keep your pay policy consistent
Consistency is essential for businesses as it ensures fairness across the board. Decide in advance whether your organisation will offer paid leave, partial pay or no pay beyond statutory entitlements during jury service.
Whatever approach you take, apply it consistently across the workforce to avoid confusion or claims of unfair treatment. Documenting this in your HR policies or employee handbook provides clarity for everyone.
Ensure smooth operational cover
Absences of two weeks or more can impact team performance, so put practical measures in place to minimise disruption. Options include:
- Cross-training employees so others can step in when needed.
- Using temporary staff or contractors for short-term cover.
- Adjusting project timelines to account for the absence.
By treating court service as a standard part of workforce planning, rather than a disruption, you reinforce your commitment to fairness and compliance, while also safeguarding business continuity.
Download the jury service checklist
Managing jury service doesn’t have to be complicated. With the right preparation, you can support your employees, stay compliant and keep your business running smoothly.
Employment Hero’s helpful resource provides actionable checklists and planners to help you ensure you’ve dotted the I’s and crossed the T’s with your jury service employer processes.
Whether you’re dealing with your first court summons or looking to strengthen your existing policies, this guide will help you stay on top of every step.
Register for the checklist
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