Jury service and how it affects the self-employed

Jury service is seen as an important civic duty in the UK and is a key feature of our legal system. With few exceptions, anyone between the ages of 18 and 75 who is living in the UK and on the electoral register can be selected at random for jury service.

Many of those summoned are happy to serve as jury members for the duration of a trial, but for others, it can be an inconvenience as well as a financial challenge. So what exactly are an individual’s obligations if selected for jury service, and how can it affect people who are self-employed or running a small business?

Who is eligible for jury service?

If you’re aged 18 to 75 and appear on the electoral register, you can be summoned for jury service.

Before April 2004, when the Criminal Justice Act was amended, certain professions, such as doctors and police officers, were automatically exempt; however, this exemption no longer applies.

Now, even judges and lawyers can be jurors. The only individuals who are disqualified include people with certain criminal convictions or those suffering from a severe mental health disorder.

How does it work?

Typically, you’ll receive a letter calling you up for jury service some five weeks before the trial is scheduled to start.

Your letter will inform you of the attendance requirement and include a form that you must complete and return within seven days.

You’ll also receive a leaflet telling you about rates of allowance and any expenses you can claim, and how to ask for a deferment or be excused from jury service.

Getting out of jury service isn’t easy, although in certain circumstances, you may be able to ask to postpone your service until a more convenient time. This includes:

If you have already booked and paid for a holiday.
If you are ill or due to undergo an operation or other medical procedure.
If you are caring for someone.
You are a new mother who is breastfeeding.
You are due to sit an exam.
Your boss won’t give you time off work, and you have a letter stating that your absence would have a serious impact on the business.

There is no guarantee that you’ll be excused from jury service unless you’ve already served as a juror within the last two years, and each case is considered on its merits.

If you simply choose to ignore the letter or fail to turn up for jury service, you could be fined up to £1,000.

How long does jury service last?

The average jury service lasts up to 10 days, but some trials can last significantly longer. For the self-employed, even two weeks away from work can mean a noticeable loss of income.

Do employers have to give employees time off?

Yes, is the simple answer.

You are required by law to allow staff time off to perform jury service. If you believe their absence is likely to have a significant impact on your business, you can request that they defer their service, providing your reasons in writing.

In many instances, the employee may be happy to seek a deferment; if not, you’ll have to comply with their request for time off.

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It’s essential to note that an individual can only request a deferment once every 12 months and must indicate when they will be available in the future on the jury summons.

If you fail to allow an employee to perform jury service, sack them, or discriminate against them in some other way, you could be taken to an employment tribunal. See GOV.UK guidance for employers on time off for jury service.

What about pay?

You don’t have to pay staff while they are serving as jurors, although you may choose to do so.

Employees will be able to claim an allowance for jury service, but this may be less than their daily rate of pay.

In this instance, you can opt to make a top-up payment so the employee doesn’t lose out financially.

What if you’re self-employed?

If you are self-employed, you will still be expected to do jury service if summoned, although you can claim for loss of earnings.

The court sets a maximum daily amount, which depends on the length of the trial.

As a guide, you can usually claim up to £64.95 per day for the first 10 days if you are in court more than 4 hours, and higher rates apply if the trial goes beyond 10 days.

There are separate rates if you are in court for 4 hours or less. Check the current figures on GOV.UK. You can also claim for travel and a daily food allowance.

To support a loss of earnings claim, you may be asked to show your most recent tax return, recent invoices, or a letter from your accountant.

HMCTS publishes a specific form for self-employed people and company directors: Form 5223F.

For many self-employed people, these allowances will not fully replace their income, so it is worth being prepared for the possibility of being called.