Jury Service In The UK: Employer Obligations And Practical Steps

If you run a small business, an employee being called up for jury service in the UK can quickly turn into a staffing headache.

You might be thinking: can they refuse to go? Do we have to pay them? How long will they be away? Can we ask the court to defer it because we’re short-staffed?

Don’t stress - jury service is a normal part of working life in the UK, and with a bit of planning (and the right paperwork in place), you can keep your business running smoothly while staying on the right side of your legal obligations.

This guide breaks down what jury service means for you as an employer, what you can and can’t do, and the practical steps to manage the disruption.

What Is Jury Service UK And Why Does It Matter For Your Business?

Jury service is a civic duty where eligible members of the public are summoned to sit on a jury in criminal (and sometimes civil) cases. In England and Wales, jury service is largely governed by the Juries Act 1974 and administered by HM Courts & Tribunals Service (HMCTS). Scotland and Northern Ireland have their own systems and rules, so the detail can vary depending on where your employee is summoned - but the commercial reality for employers is similar: an employee may be away from work for an unpredictable period.

For small businesses, jury service can be particularly disruptive because:

• you may have a small team and limited cover;
• the employee might hold a key role (finance, operations, customer support, shift cover);
• trial length can be uncertain - it might be days, or it could extend into weeks;
• your customer delivery timelines and staffing rota may need quick changes.

That’s why it’s worth having a clear internal approach - ideally backed up in your Staff Handbook and consistent wording in your Employment Contract.

Do Employees Have The Right To Time Off For Jury Service?

In practice, if an employee is summoned for jury service, they’re expected to attend unless they’re excused or their service is deferred by the court.

From an employer perspective, your key takeaways are:

• You generally need to allow the employee time off to attend court.
• You should not put pressure on them to ignore the summons. Trying to stop an employee from doing jury service can create legal and reputational risk.
• You can ask them to request deferral (more on this below) if their absence would cause serious issues - but the court decides.

Can You Discipline Someone For Going To Jury Service?

In most situations, taking action against an employee because they’re doing jury service is a bad idea.

Even if your business is under pressure, jury service is not “unauthorised absence”. If you treat it like misconduct, subject them to a detriment, or dismiss them for attending court, you risk disputes and potential claims. In particular, employees have specific legal protection against dismissal for jury service, and it can also create wider unfair dismissal risk depending on the circumstances.

A more practical (and safer) approach is to manage it like a protected type of absence:

• ask for the jury summons notice as evidence;
• plan cover as early as possible;
• keep communication appropriate (without pressuring them).

What If The Employee Doesn’t Tell You Until The Last Minute?

If you’ve got a clear policy saying they must notify you promptly and provide evidence, you’re in a much better position to manage the situation. This is the kind of rule that fits neatly into a broader Workplace Policy framework.

If they genuinely didn’t realise they needed to tell you, you can treat it as a performance/process issue (not a jury service issue). Keep it calm and documented.

Do You Have To Pay Employees During Jury Service UK?

This is one of the most searched questions by employers - and understandably so.

There is no universal legal rule that says employers must pay employees their normal wages during jury service. In many workplaces, pay during jury service depends on:

• what the employment contract says;
• your workplace policies/custom and practice;
• how you’ve treated similar situations in the past (consistency matters).

Instead of full wages, jurors can usually claim expenses and loss of earnings allowances from the court (subject to limits and rules). The employee normally has to submit forms, and you may be asked to confirm pay/loss of earnings information.

Common Approaches Small Businesses Take

To keep things simple and fair, small businesses often choose one of these approaches:

• Unpaid leave for jury service (employee claims court allowance).
• Pay as normal (employee attends jury service, still receives wages).
• Pay the difference (“top up”) between the court allowance and normal pay (this can feel like a fair middle ground).

Whichever approach you use, the most important thing is that it’s:

• clearly written down;
• applied consistently;
• aligned with your contract terms.

If your documents are silent, you’re more exposed to misunderstandings. Getting clear wording into your Employment Contract (and cross-referencing it in your handbook) can save you a lot of back-and-forth later.

Payroll And Admin Tips

On the admin side, you’ll usually want to:

• confirm the expected dates and court location (based on the summons);
• agree how pay will work during the period (in writing);
• keep payroll records showing whether wages were paid, reduced, or unpaid leave applied;
• complete any “loss of earnings” certificate the employee needs for the court (if applicable).

If you’re handling any personal data (like storing copies of the summons or court forms), keep it secure and only share it internally on a need-to-know basis.

Can You Ask The Court To Defer Or Excuse An Employee’s Jury Service?

Yes - but it’s important to frame this the right way.

If an employee is essential to your business (for example, you have a two-person team and they run day-to-day operations), the employee can apply to defer jury service to a later date. Deferral usually means they’ll be called up again within a set timeframe.

In some cases, the court may excuse them, but excusal is typically reserved for more exceptional circumstances.

How To Support A Deferral Request (Without Crossing The Line)

As an employer, you can provide a letter explaining why the timing creates a serious operational problem. Practical examples include:

• seasonal peak trading periods where staffing is critical;
• the employee is the only trained person for a regulated or safety-critical task;
• the business would be unable to operate safely or meet contractual obligations without them;
• you’ve already had multiple absences and genuinely cannot source cover in time.

Keep the tone factual and avoid sounding like you’re trying to prevent them from serving at all. Courts tend to respond better to a reasonable request for deferral than to blanket resistance.

Can You Tell The Employee To Apply For Deferral?

You can ask them to consider it and explain the impact on the business - but remember the decision is ultimately theirs (and the court’s). A good approach is to have an open conversation, share the practical issues, and then offer to provide a supporting letter if they choose to apply.

How Should You Manage Jury Service Absence Day To Day?

Once your employee starts jury service, the day-to-day unpredictability is often the hardest part. Some jurors are released early on certain days; others may be kept all day. Occasionally, a trial can overrun.

Here are practical ways to manage it without creating legal risk:

1) Agree A Communication Plan

It’s reasonable to ask your employee to keep you updated on:

• their expected attendance days;
• whether they’ve been selected for a trial;
• any estimate the court gives about likely duration.

However, don’t ask about details of the case. Jurors must follow strict rules about confidentiality and what they can discuss.

2) Plan Cover And Prioritise Work

For small businesses, the most realistic approach is often a mix of:

• redistributing tasks across the team;
• pausing non-essential projects;
• bringing in short-term contractor support (with the right paperwork);
• setting customer expectations early (where appropriate).

This is where having clear role descriptions, handover notes and a central system for key processes really pays off.

3) Handle “Part Days” Carefully

Sometimes jurors are released early. Whether they come into work afterwards depends on:

• how far the court is from your workplace;
• what time they’re released;
• fatigue and the practicality of working a meaningful shift;
• what your policies and contract say.

A flexible, reasonable approach tends to work best. If you want them to attend work on part days, it should be clearly communicated upfront and applied consistently.

4) Don’t Treat Jury Service As Annual Leave Or Sick Leave

Jury service is its own category of absence. You generally shouldn’t:

• force the employee to use annual leave for it; or
• record it as sickness absence unless they’re genuinely unwell and following your sickness procedure.

If the employee becomes ill during the period and can’t attend court, the situation can get complicated quickly. It’s worth getting tailored advice if you’re juggling overlapping jury service and sickness rules.

What Should You Put In Your Employment Documents About Jury Service UK?

If you want to reduce disruption (and avoid disputes), your goal is to be clear before it happens. The best place to deal with jury service is in your employment paperwork.

In practical terms, consider covering:

Notification And Evidence Requirements

• How soon employees must tell you after receiving a summons.
• What evidence you need (usually a copy of the summons).
• Who they should notify (line manager/HR/director).

Pay During Jury Service

• Whether jury service is paid or unpaid.
• If paid: whether you require the employee to reimburse court loss-of-earnings allowance to the business (some employers do this, but the rule must be clear and fair).
• If unpaid: how payroll will record the absence.

Communication While Away

• How often the employee should update you (e.g. daily text/email after court finishes).
• A reminder that they must not discuss case details (confidentiality).

Deferral Support

• That the business may provide a letter supporting a deferral request where appropriate.
• That the final decision is made by the court.

These clauses usually sit across your Employment Contract and your Staff Handbook. If you don’t have either (or they’re outdated), jury service is one of those “real world” events that quickly shows why getting your legal foundations right from day one matters.

Key Takeaways

• Jury service can be disruptive for small businesses, so planning early and having clear policies is crucial.
• Employees are generally expected to attend jury service unless the court defers or excuses them, and you should treat it as a legitimate absence.
• You don’t automatically have to pay normal wages during jury service - pay often depends on contract terms and your workplace policy, while the employee may be able to claim court allowances.
• You can support a deferral request with a business letter where the timing would cause serious operational issues, but the court decides.
• Agree a sensible communication plan, arrange cover, and avoid asking about case details (jurors have confidentiality obligations).
• Clear wording in your Employment Contract and Staff Handbook helps prevent misunderstandings about notice, pay, and expectations during jury service.

If you’d like help updating your employment documents or handling a tricky jury service situation, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.