How to deal with an employee who has been summoned for jury service

Author: David Jones

Summary

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• Consider how to cover an employee's work if they are summoned for jury service.
• Remember that it can be a contempt of court to deny an employee time off to attend jury service.
• Be aware that an employee can apply to the court for an excusal or deferral if the jury service would conflict with their work commitments or cause unusual hardship.
• Ask the employee to apply for excusal or deferral, if appropriate.
• Take into account that some employees may need assistance in requesting an excusal or deferral.
• Ensure that any request for excusal or deferral is accompanied by a letter from the organisation setting out the difficulties that the employee's absence will cause.
• Be aware of the unfair dismissal rules that apply in relation to employees who are dismissed because of jury service.
• Consider the arrangements for the employee's pay while they are absent on jury service.
• Complete the employee's Certificate of Loss of Earnings or Benefit if not paying the employee in full.
• Consider the arrangements for the employee's attendance at work if they are released from jury service.
• Write to the employee confirming the arrangements for jury service.
• Consider putting in place a comprehensive jury service policy.