HCS121-Jury Service Policy

Registration Number: {{org_field_registration_no}}

Jury Service Policy

1. Purpose

The purpose of this policy is to outline how {{org_field_name}} supports and manages staff members who are summoned for jury service. We recognise jury duty as a civic obligation and respect each employee’s right and legal responsibility to serve when called.

This policy sets out the procedures staff must follow when notified of jury service, the organisation’s responsibilities under employment law, and how we maintain continuity of care and service delivery during an employee’s absence. The policy also aims to provide transparency for regulators, such as the Care Inspectorate, in demonstrating that our service is well-governed, legally compliant, and responsive to staff rights and operational needs.

2. Scope

This policy applies to all employees of {{org_field_name}}, including:

Full-time and part-time care workers
Office and administrative staff
Team leaders, supervisors, and management
Volunteers and bank staff (where jury service applies under contractual terms)

It applies from the moment an employee receives a jury citation (summons) until the conclusion of their service or exemption.

3. Related Policies

This policy should be read alongside the following:

Absence Management Policy
Leave of Absence Policy
Staff Rota and Scheduling Policy
Business Continuity and Emergency Planning Policy
Staff Training and Supervision Policy

4. Policy Statement

{{org_field_name}} fully supports the right of staff to carry out jury service and will make every effort to accommodate this civic responsibility without penalising the individual or compromising the quality of care we provide.

In line with the Employment Rights Act 1996, employees have a right to time off to perform jury service. While there is no statutory requirement to pay staff during this time, {{org_field_name}} will allow employees to claim loss of earnings compensation from the court service and will support them in submitting the necessary documentation.

We are committed to planning effectively for staff absence during jury service and ensuring that service delivery remains uninterrupted, dignified, and responsive to the needs of the people we support.

5. Legal Context

Under the Juries Act 1974 (as amended) and Scottish Courts and Tribunals Service (SCTS) guidance, any individual aged 18 or over and listed on the electoral register may be called to serve as a juror in criminal or civil court cases.

Employers are expected to allow time off for jury service unless exceptional circumstances make this impractical. A request to defer or be excused from service can only be made by the individual summoned, and not the employer. The employer, however, may provide a letter explaining why the employee’s absence would cause serious disruption to a vital public service, such as social care.

The Care Inspectorate expects providers to manage absences—including those related to jury service—through structured contingency planning and safe staffing procedures.

6. Responsibilities

6.1 Staff Responsibilities

Employees who are summoned for jury service must:

Inform their line manager immediately upon receiving the citation
Provide a copy of the jury summons for documentation purposes
Keep the manager informed of all dates, postponements, or cancellations
Submit the relevant form to the Scottish Courts to claim loss of earnings compensation, using employer-provided details
Return to work on non-court days and once service is complete, without delay
Notify {{org_field_name}} if jury service is extended unexpectedly

6.2 Employer Responsibilities

The Registered Manager ({{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}) or relevant line manager is responsible for:

Supporting the employee through the process with clear communication
Adjusting rotas and reallocating work to ensure continuity of care
Providing the staff member with any documentation needed to claim financial compensation from the court
Reviewing whether the employee’s absence will have a significant impact on service users’ safety and wellbeing
If necessary, issuing a formal letter to accompany the staff member’s application to defer or be excused from service, which they may submit at their discretion

6.3 Finance/Admin Team

The administration team will:

Confirm salary details and fill in relevant Certificate of Loss of Earnings forms from the court
Maintain accurate records of absence due to jury service
Ensure no deductions beyond standard policy are made without consultation

7. Pay During Jury Service

{{org_field_name}} does not routinely pay employees while they are absent on jury service. Instead, staff are encouraged to claim compensation directly through the Scottish Courts and Tribunals Service.

The loss of earnings claim is subject to daily limits set by the court. {{org_field_name}} will:

Complete and sign the court-issued loss of earnings form promptly
Confirm the employee’s standard hours and rate of pay
Ensure the employee has all documentation needed to make their claim

If an employee chooses to use annual leave for part or all of their jury service, this can be arranged upon request, but must be documented and approved in advance.

In exceptional cases, where jury service causes financial hardship, the Registered Manager and Nominated Individual ({{org_field_nominated_individual_first_name}} {{org_field_nominated_individual_last_name}}) may consider providing short-term discretionary support, based on business need and fairness.

8. Service Continuity and Staffing

To maintain a consistent and safe service during a staff member’s absence for jury duty, the following actions will be taken:

Review of staffing rotas to reallocate care visits to alternative workers
Deployment of bank staff or agency workers where needed
Communication with the people we support and their families about any changes in care worker assignments (without sharing personal reasons for the absence)
Documentation of the contingency arrangements in the staff schedule and, if necessary, care plans

The absence of one staff member will never compromise the safety, dignity, or wellbeing of the people we support. All adjustments made will be in accordance with our Business Continuity and Risk Management protocols.

9. Confidentiality and Sensitivity

Staff are not required to disclose the details of the case they are involved in, and must not discuss court proceedings within the workplace. We respect the privacy of any employee undertaking jury service and treat their absence with the same confidentiality as other forms of leave.

Managers and team leaders will avoid drawing attention to the absence or placing undue pressure on staff members returning from service.

10. Failure to Return or Provide Notice

If a staff member fails to inform the organisation of a jury summons in advance or does not return to work promptly after being released from service, this may be treated as unauthorised absence and addressed under the organisation’s Disciplinary Policy.

Each case will be managed sensitively, and employees will have the opportunity to explain their circumstances. Disciplinary measures will only be applied where clear communication failures or misconduct have occurred.

11. Record Keeping

All documents related to jury service—including court forms, employer statements, and compensation confirmations—are kept securely in the employee’s HR file. These records are subject to data protection regulations and handled in accordance with the Confidentiality and Information Sharing Policy.

12. Review of Policy

This policy will be reviewed annually, or sooner if changes in Scottish legal guidance, employment law, or Care Inspectorate expectations occur. The review will be conducted by the Registered Manager and Nominated Individual, with any updates communicated to all staff through supervision and the staff handbook.

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}}
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