Time Off for Public Duties and Jury Service: Two Different Regimes

Two different regimes are usually mixed up: the public duties list in the Employment Rights Act, and jury service. Who qualifies, what reasonable means, and the loss-of-earnings mechanics for jurors.

The public duties list

• Justices of the peace (magistrates)
• Members of a local authority, including parish and community councils
• School and further education governors
• Members of NHS trusts, police and crime panels, prison independent monitoring boards, and statutory tribunals
• Members of the Environment Agency, water and sewerage boards in Scotland, and certain other statutory bodies

The right covers time for the duties of the office - meetings and approved functions - not campaigning for election to it. Reasonable is judged on how much time the duty requires, how much you have already taken, and the effect on the business: a magistrate’s 13 sitting days a year is comfortably reasonable; a councillor’s cabinet role may need negotiation. The time is unpaid unless the contract says otherwise, and unreasonable refusal goes to tribunal.

Jury service: the separate regime

The practical sequence: tell your employer as soon as the summons arrives, have them complete the loss-of-earnings certificate, and check the staff handbook - many employers pay full salary and take the court allowance, which is the cleanest arrangement for both sides.

Reservists and other absences

Reserve forces training and mobilisation run under their own scheme - employers are notified directly, and mobilisation carries statutory job protection and employer financial support from the Ministry of Defence rather than the public duties right. Voluntary roles outside the statutory list - charity trustees, sports coaching, most volunteering - carry no time off right at all and rely on policy and goodwill.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

Does my employer have to pay me for jury service?

No - there is no statutory right to pay during jury service. The court pays capped loss-of-earnings and expense allowances, and many employers voluntarily top up to full salary.

Can my employer stop me doing jury service?

No. They can ask you to seek a deferral once for business reasons, but the decision is the court’s, and dismissing or penalising you for serving is automatically unfair.

Am I entitled to time off as a school governor?

Yes - governors of maintained schools are on the statutory public duties list, entitled to reasonable unpaid time off for the duties of the role.

Is time off for public duties paid?

Not by statute. Some employers pay for civic duties by policy; magistrates and councillors can claim allowances from the relevant body for loss of earnings.

How much time off is reasonable for a councillor?

There is no fixed figure - tribunals weigh the office’s requirements, the time already taken, and the business impact. Agree an annual expectation with the employer in advance.

Do volunteers get statutory time off?

No - general volunteering, charity trusteeship and community roles outside the statutory list carry no time off right. Reservists have a separate protection scheme of their own.

Sources

• GOV.UK: Time off work for public duties
• GOV.UK: Jury service
• ACAS: Time off work