Content Updated 24 September 2024
If you or an employee are selected for jury service, not only can the time spent at court have a big impact on the day-to-day running of your small business, it can also result in a loss of earnings.
Legal experts at the Federation of Small Businesses explain how jury service works and the process for claiming expenses.
What is jury service?
Anyone can be chosen at random from the electoral register to serve on the jury. Jury duty typically lasts 10 working days, usually from 10am to 5:30pm Monday to Friday, but some trials can take longer. You’ll be made aware by jury staff if this is the case.
I’ve been selected for jury service, what should I do?
If you receive a jury summons letter in the post, you must respond in seven days and confirm if you can attend. If you don’t respond or turn up for your jury service, you could be fined up to £1,000.
You can ask to delay your jury service once if you have a reasonable excuse, such as a booked holiday or operation.
My employee has been selected for jury service, what should I do?
Your employee should give you a copy of their jury summons letter. If the employee’s absence is likely to have a significant detrimental impact on your business, you may require the employee to apply to the court to be excused or to defer their jury service. However, if the employee's jury summons remains in force, you will need to permit the employee to take the time off work. If you dismiss someone or treat them unfavourably (such as taking disciplinary action against them) due to jury service, they can bring an employment tribunal claim against you.
You can choose to pay your employees during this time, but there is no legal obligation unless you have contractually agreed to do so, such as under a time off for jury service policy. Employees can claim for travel and food expenses and for loss of earnings up to a capped amount from the court.
Claiming allowances and loss of earnings
Crucially for business owners, you won’t be paid for jury service. If you’re spending time away from your business, or an employee can’t carry out their role, this leads to loss of earnings. However, you can claim some expenses back, like travel or meals.
You’ll need to follow a different process depending on where you are in the UK:
What extra protection is available?
As an FSB member, you can claim up to £250 per day in court attendance costs, with a maximum of £2,500 per claim. This is specifically the cost of the salary that you would pay to an employee (including the individual member, director or partner in your business) each day they attend jury service at a Court, less any recovery from the Court.