Use a jury service policy to set out your business’ procedures and pay practices for employees undertaking jury service.
Recently reviewed by Lauren Delin, Solicitor.
This jury service policy was last reviewed on 24 March 2022.
How to make a Jury service policy
When should I use a jury service policy?
Use this jury service policy:
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if you or your business employ staff in England, Wales or Scotland
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to explain how staff should communicate with you about jury service
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to set out your approach to pay and procedures related to jury service
What’s included in a jury service policy?
This jury service policy template covers:
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your workplace procedures for employees summoned for jury service
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your pay policy for employees undertaking jury service
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procedures for claiming the loss of earnings allowance and other reimbursement for expenses from the court
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procedures for asking employees to defer their jury service
What is a jury service policy?
Undertaking jury service requires employees to be absent from work for a period of time - sometimes a long period of time. A jury service policy is the document that sets out procedures for making this inconvenience as manageable as possible.
Do I need a jury service policy?
Jury service is an important civic duty which employers should, when possible, make it practical for employees to undertake. If you employ anybody, you should create a jury service policy to set out your business’ approach to employees’ jury service. This policy can help you to communicate with your employees about jury service so that they can confidently undertake their service whilst inconveniencing your business as little as possible.
Do I have to pay employees during their jury service?
Employers do not have to pay their employees while they’re doing jury service. If you do not pay them, employees can claim a loss of earnings allowance from the court as well as reimbursement for some expenses.
You may choose to pay employees or to top up the amount they receive from the courts so that it matches their normal rate of pay. For more information, read Jury service.
Do I have to let employees do jury service?
Employees can only avoid doing jury service if exceptional circumstances make this necessary. They can postpone their jury service for up to 12 months if they have a good reason for doing so. If an employee doing jury service when requested would seriously harm their employer’s business, this can constitute a ‘good reason’. For more information, read Jury service.
Can I prevent employees from returning to work if their jury service finishes early?
If you hire somebody else to perform an employee’s job while they are doing jury service, it may be impractical for the employee to return to work earlier than expected if their jury service finishes early. For example, you may have made a contractual agreement with the fill-in employee which means they will work the whole of the expected period of jury service, and having two people perform the role at once may be impractical.
If this is the case, you can require employees to not return to work early if they finish jury duty sooner than expected. You can include provisions explaining this in your jury service policy, to ensure that employees are aware of your rules on returning to work before they begin their jury duty.
Further advice
Ask a lawyer for advice if:
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an employee is undertaking a particularly long period of jury service and this is affecting your business
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you need help explaining why an employee being absent for jury service would seriously harm your business
This jury service policy is governed by the laws of England, Wales and Scotland.