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CH206-Staff Jury Service Policy

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Staff Jury Service Policy

1. Purpose

This policy sets out how {{org_field_name}} will manage jury service summonses and absences fairly, lawfully and safely. The policy is intended to ensure that employees are given the time off to which they are entitled for jury service, that they are not subjected to detriment for complying with a jury summons, and that the service continues to operate safely through effective staffing contingency planning, record-keeping and management oversight. The policy supports compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, in particular Regulation 17 (Good Governance), Regulation 18 (Staffing) and Regulation 19 (Fit and Proper Persons Employed), by requiring robust planning, oversight, documented decision-making and deployment of sufficient suitably qualified, competent, skilled and experienced staff.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, fixed-term and bank employees. Agency workers and self-employed contractors are also expected to notify the service promptly if they are summoned for jury service where this may affect booked shifts or care delivery, but the employment rights and pay arrangements described in this policy apply only where the individual is an employee of {{org_field_name}}. Where an agency worker is affected, the Registered Manager must liaise with the supplying agency to confirm shift cover and responsibilities.

3. Related Policies

This policy should be read in conjunction with other organisational policies that support governance, staffing, absence, and legal compliance:

3.1 Legal and Regulatory Framework

This policy should be applied in accordance with:

Managers must ensure that jury service absences are managed in a way that protects legal rights while maintaining safe staffing, continuity of care and proper governance records.

4. Policy Statement and Principles

{{org_field_name}} recognises that jury service is a public responsibility and that employees may be legally required to serve when summoned. The organisation supports staff in meeting this obligation while implementing systems to ensure that care delivery remains safe and uninterrupted. We aim to manage such absences professionally, respectfully, and with minimal disruption to the team and the individuals we support.

4.1 Legal Entitlement to Jury Service

In England and Wales, people may be summoned for jury service if they are on the electoral register, are aged 18 to 75 on the first day of service, have lived in the United Kingdom, Channel Islands or Isle of Man for at least 5 years since the age of 13, and are not disqualified or ineligible under the relevant law. Jury service is a legal obligation unless the individual’s service is deferred, postponed or they are excused by the Jury Central Summoning Bureau or the court. {{org_field_name}} recognises jury service as an important public duty and will support employees to comply with a lawful summons.

4.2 Staff Responsibilities

Employees who receive a jury summons must notify their line manager without delay and normally within 2 working days of receipt. A copy of the summons must be provided to the line manager or HR for the staff file. The employee must keep the service updated about any change to dates, postponement, excusal, extension of service, daily attendance requirements and the confirmed end date of jury service. Employees must also co-operate with any reasonable request for information needed to complete court forms relating to loss of earnings. On completion of jury service, the employee must confirm the date on which they are available to resume duties.

4.3 Organisational Response and Planning

On receipt of notification of jury service, the Registered Manager or delegated manager must complete and document a staffing impact assessment. This must consider the dates and likely duration of absence, the employee’s role, skill mix, dependency needs of people using the service, planned admissions or discharges, medication and clinical tasks, night cover, lone working risks, and the availability of internal cover, bank staff or agency staff. The manager must record the action taken to maintain safe staffing and continuity of care, any escalation required, and the rationale for decisions made. Where the absence creates a material risk to safe care delivery, this must be escalated in line with the provider’s governance and business continuity arrangements.

4.4 Safe Staffing Escalation

Where a jury service absence cannot be safely covered through normal rota management, the matter must be escalated immediately to the Registered Manager and, where required, to the Nominated Individual or on-call senior manager. Escalation actions may include temporary redeployment, review of non-essential activity, use of bank or agency staff, additional management presence, or other business continuity measures. No arrangement may be implemented that would leave the service without sufficient numbers of suitably qualified, competent, skilled and experienced staff to meet people’s needs safely.

4.5 Pay and Reimbursement

Jury service is not required to be paid by the employer. {{org_field_name}} will confirm in writing whether the period of jury service will be paid, unpaid, or subject to any internal discretionary arrangement under the employee’s contract or organisational terms and conditions. Where the employee is not paid in full during jury service, {{org_field_name}} will complete the relevant HM Courts & Tribunals Service certificate of loss of earnings form promptly on request so that the employee can claim any allowance for loss of earnings, childcare or other care costs, food and drink, and travel in line with current court rules. Employees must be advised that court payments are subject to limits and may not reimburse full loss of earnings. The payroll treatment of pension contributions, enhancements, sleep-in payments, overtime and other variable elements of pay during jury service must be confirmed to the employee in writing before the absence begins where reasonably practicable.

4.6 Requests to Delay Jury Service or Seek Excusal

If an employee’s absence for jury service would seriously affect the safe operation of the service, {{org_field_name}} may ask the employee to request that the date of jury service is changed. Any such request must be exceptional, justified, and based on a documented staffing risk assessment rather than on convenience alone. The employee must decide whether to make the request, and the final decision rests with the Jury Central Summoning Bureau or the court. Where support for a delay request is appropriate, the Registered Manager will provide a letter setting out the operational reasons in sufficient detail. Employees should be informed that a request to change the date is generally made by replying to the summons, can usually only be made once, and may include 3 alternative dates within the next 12 months. Excusal should only be considered where the employee meets the court’s criteria for exceptional circumstances.

4.7 Maintaining Communication

Communication during jury service must be reasonable and proportionate. Before jury service starts, the manager and employee should agree how updates will be provided, who will maintain rota contact, and when the employee should confirm whether they are required to attend court on the following day. Employees must not be required to act in any way that conflicts with court instructions or their legal obligations as jurors. If court attendance ends early on a particular day, the employee may be asked whether they are able to work for the remainder of the day or on a later shift, but only where this is reasonable, safe, operationally useful, and consistent with rest needs, travel time and any court requirements.

4.8 Impact on Supervision and Training

If jury service results in missed supervision, appraisal, competency checks or mandatory training, the line manager must ensure these are reviewed and rescheduled promptly on the employee’s return, based on risk and role requirements. The employee must not be disadvantaged in relation to supervision, appraisal, learning opportunities or compliance monitoring because they have undertaken jury service. Any immediate competency or induction refresh required following a prolonged absence must be identified and recorded.

4.9 Equality and Fairness

{{org_field_name}} will ensure that no employee is subjected to any detriment because they have been summoned for jury service or because they are absent from work while complying with that summons. Jury service must not be treated as misconduct, unauthorised absence or poor commitment. No employee will be dismissed, selected for disadvantage, denied promotion, or treated less favourably because they undertake jury service. Absence for jury service will be recorded separately from sickness absence and other unauthorised absence categories.

4.10 Documentation and Record-Keeping

The service must keep accurate, complete and contemporaneous records relating to jury service absences. These records should include the employee’s notification, copy summons, staffing impact assessment, management decisions, correspondence supporting any request to delay service, cover arrangements, payroll documentation, court forms completed, return-to-work date and any follow-up actions such as supervision or training rescheduling. Records must be stored securely and access limited to those who need the information for legitimate management, payroll or governance purposes. Retention and disposal must be managed in accordance with the organisation’s data protection and records management arrangements.

4.11 Agency Workers, Contractors and External Cover

Where a jury summons affects an agency worker, bank worker engaged through a third party, or self-employed contractor, the individual must inform both the service and, where applicable, their employing agency or provider. The Registered Manager must clarify who is responsible for pay, availability, cancellation terms and replacement cover. The service’s priority in such cases is to maintain safe staffing and continuity of care; this policy does not create employee rights where no employment relationship exists.

4.12 Return to Work

On return from jury service, the line manager should confirm the employee’s return date, any changes to rotas, and whether any immediate updates are required in relation to residents’ needs, risks, medicines, safeguarding concerns or service changes that occurred during the absence. Where jury service has lasted long enough to affect competence, confidence or mandatory updates, the manager must record any support, supervision, shadowing or refresher actions required.

5. Policy Review

This policy will be reviewed at least annually, and sooner if there are changes to legislation, HM Courts & Tribunals Service guidance, CQC regulations or guidance, case law, organisational terms and conditions, or where learning from an incident, complaint, staffing issue, audit or inspection indicates that revision is required.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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