At some point or another a member of your team will be called upon to do jury duty – just as happened at Woodlands Local recently – but what are your rights in this situation?
by Ben Doherty
Jury duty is a civic duty which often gives rise to concern for employers and employees as to their rights and entitlements. This was an issue faced by the company that owns Woodlands Local recently and it raised a number of interesting issues.
In complex cases, which may involve trials lasting months, beset by legal wrangling, postponements and false starts, the jury duty can have potentially critical impacts for employers and employees alike.
How long can an employee remain absent from work? What are they entitled to be paid? What, if any, action can either party take, particularly where the absence would have serious consequences? What is the right?
Under the Employment Rights Act 1996, employees are protected from being subjected to a detriment, or being dismissed, as a result of being summoned for jury duty. The duty and its protections are subject to certain conditions.
How much time off is allowed?
There is no maximum or fixed amount and the time required may simply be extended as legal procedures progress.
Is there a right to payment?
Employers are in fact not required to pay employees in respect of jury service absences. Employees may seek to recover certain amounts in connection with travel and food expenses and for loss of earnings from the Court. Many employers choose to pay their employee regardless, as a matter of policy.
What can employers do if there is a negative impact on their business?
If the absence is likely to cause substantial damage to the employer’s business, it may request the employee to apply to be excused or to defer their jury service. However, if the employee’s jury summons remains in force, the employer has no control over when the employee must be permitted to take leave.
What rights to employees have?
Employees have the right raise complaints with an employment tribunal, in the event they are either subjected to a detriment and/or are unfairly dismissed in connection with any requirement of jury duty.
In the event of their dismissal for having carried out any aspect of jury duty, this would be considered ‘automatically’ unfair.
- Ben Doherty heads up the Employment Law team at Lindsays Solicitors
