Employers must allow staff time off for jury service - it is unlawful to refuse. There is no legal duty to pay during the absence. The court pays a daily loss-of-earnings allowance, currently capped at £64.95 per day for the first 10 days, with higher rates after. Employers complete a Certificate of Loss of Earnings (form 5223D) so the court can calculate the gap. Many employers pay full salary anyway and either reclaim the court allowance or treat it as a top-up.
The legal duty to allow time off
Jury service is a civic duty. When an employee receives a summons, they must attend unless the court grants a deferral or excusal. As an employer, your duty has three layers:
- Allow the time off. You cannot refuse, treat it as unauthorised absence, or pressure the employee to ignore the summons. Refusing time off can lead to an employment tribunal claim.
- Not penalise the employee. Dismissal because of jury service is automatically unfair under section 98B of the Employment Rights Act 1996. There is no minimum service requirement to bring a claim.
- Complete the paperwork. The Certificate of Loss of Earnings if you are not paying full salary, and any updated certificate if the service runs longer than expected.
The employee, in turn, faces a fine of up to £1,000 for failing to attend without a valid excuse - so this is a serious obligation on both sides. GOV.UK's jury service overview sets out the underlying framework.
Anyone aged 18-75 on the electoral register can be summoned, with as little as 10 days' notice in some cases. The standard service is 10 working days, but complex cases can run for several months and the juror will be warned in advance.
Pay during jury service - three options
There is no statutory right to pay during jury service. UK employers usually pick one of three options:
Whatever you decide, pick one approach and write it into your policy. The most common cause of disputes around jury service is inconsistent treatment - one employee paid in full last year, the next one not paid at all. The choice is yours but it must be applied consistently. If you have always paid in full as custom and practice, suddenly stopping can amount to a unilateral change in terms.
Check the employment contract. Some contracts contain an express clause about jury service pay. If it says you will pay full salary, you cannot decide otherwise without consent. If it is silent, your policy or staff handbook governs - but make sure it is clearly communicated.
Court allowances: loss of earnings, travel, subsistence
The court pays jurors three things: loss of earnings, travel, and a daily subsistence allowance. The loss of earnings rate is capped, and the cap rises the longer the service runs:
| Days of service | If at court more than 4 hours | If at court 4 hours or less |
|---|---|---|
| Day 1 to 10 | £64.95 per day | £32.47 per day |
| Day 11 to 200 | £129.91 per day | £64.95 per day |
| Day 201 onwards | £228.06 per day | £114.03 per day |
These are maximum amounts - the juror can only claim what they have actually lost. So if normal daily net pay is £50, the court will pay £50, not £64.95. If normal daily net pay is £120, the court will pay £64.95 (the cap) and the rest is the employee's loss unless the employer tops it up.
In addition, the court pays:
- Travel - public transport fares, mileage at HMRC-approved rates, parking, or a bicycle allowance.
- A daily food and drink allowance - currently £5.71 per day if the juror is at court for more than 5 hours, or £13.21 if at court for more than 10 hours.
- Childcare and care costs beyond the juror's usual arrangements, with receipts.
These additional allowances are payable regardless of whether the employer is paying full salary - they are intended to cover the genuine extra cost of attending court.
The Certificate of Loss of Earnings (form 5223D)
If you are not paying the employee in full during jury service, you complete form 5223D (formerly the "Certificate of Loss of Earnings") which the court provides to the employee with their summons. The form has space for:
- The employee's normal working hours per week
- Their normal daily net pay (after tax and NI)
- Any wages the employer is paying during jury service (zero, partial, or full)
- The difference - which is what the court will pay the employee, up to the daily cap
The juror brings the completed form to court on day one. GOV.UK form 5223C/5223D is the official version. If the case extends, your employee will need a fresh certificate covering the additional weeks - they will ask for one when needed.
Have a payroll-ready template. Most payroll teams pre-prepare a blank Certificate of Loss of Earnings template they can populate quickly. Save the employee chasing for it on day one - process delays at the start can mean they miss a court deadline and don't get reimbursed for that day.
Deferral and excusal
If your employee's absence would seriously affect the business - sole supervisor in peak season, only person trained on a critical system, mid-merger - the employee can apply for a deferral. The mechanics:
Excusal (being released from jury service entirely, rather than rescheduled) is rare. The most common grounds are: serving on a jury within the past 2 years, severe ill-health, being a full-time carer, or specific occupational exemptions (small group - serving police officers, prison officers, etc, are no longer automatically excused but can apply). Work inconvenience alone is not grounds for excusal.
Tax treatment of jury service pay
The tax treatment matters if you are using the top-up approach:
| Component | Tax treatment |
|---|---|
| Court loss of earnings allowance (paid by HMCTS to the juror) | Compensation payment - not subject to PAYE income tax or National Insurance. |
| Employer's full pay (Option 1) | Normal earnings - PAYE and NI as usual through payroll. |
| Employer's top-up (Option 2) | Normal earnings - PAYE and NI on the top-up amount only. The court allowance remains tax-free. |
| Travel and subsistence allowance | Compensation payment - not subject to PAYE or NI. |
So under the top-up arrangement, the employee receives part of their pay tax-free (the court allowance) and part through normal payroll. Make sure your payroll software treats this correctly - putting the entire normal salary through payroll and not adjusting for the court allowance can lead to over-deduction.
Protection from dismissal and detriment
An employee selected for jury service has strong statutory protection:
- Automatic unfair dismissal. Dismissing an employee because they have been summoned for, or have served on, a jury is automatically unfair under section 98B of the Employment Rights Act 1996. No minimum service is required to bring a claim.
- Protection from detriment. The employee must not be subjected to any detriment short of dismissal because of jury service - reduced pay, removal of duties, withholding a bonus, blocked promotion. They can bring a tribunal claim under section 43M of the same Act.
- Confidentiality. Jurors are required to keep deliberations confidential. Pressuring an employee to share details of the case can put them in contempt of court and is poor practice. Limit conversations on return to "how was it?" not "what happened?".
Section 98B has a narrow exception. Dismissal can be fair if the absence would seriously prejudice the business and the employer applied to the court for a deferral and was refused, and the dismissal is for some other related reason. In practice this is almost never made out - tribunals are sceptical. The safest path is always to support deferral first, never dismiss.
Practical employer process
Sample jury service policy
1. Time off. An employee summoned for jury service is entitled to take paid time off to attend court for the duration of their service. The employee must inform their line manager and HR within 7 days of receiving the summons and provide a copy of the summons.
2. Pay during service. [Choose one] Option A: The employee will receive their normal salary throughout jury service. The employee will not claim loss of earnings from the court. Option B: The employee will claim loss of earnings from the court and the company will top up the court allowance to the employee's normal net pay. The company will complete the Certificate of Loss of Earnings (form 5223D). Option C: The company will not pay during jury service. The employee will claim loss of earnings from the court (currently capped at £64.95 per day for the first 10 days). The company will complete the Certificate of Loss of Earnings.
3. Deferral. Where the employee's absence would seriously affect the operation of the business, the company may ask the employee to apply to the court for a deferral. The application must be made by the employee within the 7-day reply window stated on the summons. The company will provide a supporting letter setting out the business impact. The employee must propose three alternative dates within the next 12 months.
4. Travel and other allowances. Travel, subsistence and care allowances paid by the court are the employee's to keep regardless of the company's pay arrangements during jury service.
5. Communication during service. The employee will provide weekly updates to their line manager confirming whether they are still required at court. The line manager will avoid contacting the employee about work matters during service unless strictly necessary, and will not ask the employee about the details of the case.
6. Annual leave and other entitlements. Annual leave, sickness absence and other contractual entitlements continue to accrue during jury service. Time off for jury service does not count against the employee's annual leave entitlement.
7. Confidentiality and protection. Jurors are bound by law to keep deliberations confidential. The company will not request information about the trial. The employee will not be subjected to any detriment because of their jury service.
Sources
FAQs
This is not legal advice. Court allowance rates and procedures are reviewed periodically - check the latest figures on GOV.UK before relying on them. For a specific situation, consult an employment solicitor or call the ACAS helpline on 0300 123 1100 (free).