I Have an Employee That Has Been Called for Jury Duty, What Do I Do?
When an employee is called for jury duty, you are obliged to give them time off as an employer. Jury duty usually lasts up to 10 days, which the employee is not required to take out of their statutory holiday entitlement, but it can last for longer.
Whether or not an employer continues to pay an employee during jury duty is entirely at their discretion, there is no legal obligation to pay them, although many employers do.
If you choose to pay your employee, you would pay them in the normal way for their usual working hours. However, you cannot claim back the money you pay them, or any money the business loses during the employee’s jury service.
If you do not pay your employee, they can claim an allowance from the court for a loss of earnings and, if they have children, they can also claim for childcare expenses. You will have to fill in a Certificate of Loss of Earnings for them to provide the court with along with evidence of any other expenses.
In some cases, the extended absence of a key employee could be highly damaging to your business, in which case they may apply to have their duty deferred, and give the court a date when they will next be able to perform their duty.
Other reasons an employee might be allowed to defer their duty include having a holiday booked, having an operation, it is exam time and they are a teacher or they are taking a temporary job that they would lose if they were forced to attend court.
It’s good practice to document how your business will handle jury duty in your Sickness & Absence Policy. If you don’t currently have a policy, we can help! Call us on 0844 8797286.
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