Jury Service: Your Rights & Obligations Explained

'How do I get out of jury service?' is a popular online query. Jury service can be a troublesome time for employers and employees alike, but serving on a jury is one of the cornerstones of civic duty. If you’re called to serve while you’re working, it can raise plenty of questions. What happens to your job while doing jury duty? Do you still get paid? And what rights do employers have in this situation? Let’s break down the essentials of jury service in Ireland for both employees and employers. 

Jury Service is a public duty, and every Irish national between the ages of 18 and 70 is on the Register of Dáil Electors and can be picked, though certain occupations are exempt, i.e. Civil Service Workers.  Jurors are chosen through a random computer selection. To ensure the jury service is genuine, employers can request the employee provide them with a Certificate of Attendance, which the employee can request from the Jury Office. It should also be mentioned that an employee cannot undertake jury service more than once every three years.

Employees may be able to defer or be excused from jury service in certain circumstances, such as health reasons or pressing work obligations. To apply for a deferral, the employee must submit a written application to the court, explaining why they cannot attend. It is up to the court to decide whether the deferral will be granted. 

The average period an employee can be tied up with jury service is ten days. However, for complicated trials, it can last much longer. Where an employee attends court but is not called for service, they are required to return to work as soon as possible. Likewise, if an employee is excused from the court for part of the day, they should return to work, where appropriate. 

If you’re an employee summoned for jury duty, you have specific rights that are protected under Irish law. Here’s a rundown of those rights: 

1. Right to Time Off Work 

Under the Juries Act 1976, if you are called for jury service, your employer is legally obligated to allow you time off work to fulfil this civic responsibility. You must present the jury summons to your employer as soon as you receive it, so they’re aware of the expected time away from work. 

2. Job Security 

Irish law protects employees from being penalised for attending jury duty. This means your employer cannot dismiss, threaten, or demote you because of your absence due to jury service. Your job should be secure during your time serving on a jury. Employees keep all their employment rights during this time. 

3. Pay During Jury Service 

This is one of the most common questions. There is no Court-issued payment for jury service. Anyone with a contract of employment (e.g. temporary workers, contract workers etc.) is entitled to be paid their regular wage or salary while they are on jury service. Therefore, employees undertaking Jury Service are allowed to be paid their usual wage or salary by their employer for the term of their service.  

There are certain circumstances where you can be excused from jury duty, but it’s important to note that you cannot refuse the duty. You must be excused. 

You may be excused from jury duty if your employment falls within one of the disqualified categories, you have a disability preventing you from serving, you are a new parent unable to get alternative childcare, or are self-employed. 

Employers also have obligations when an employee is called to jury duty. Here’s what employers need to know: 

1. Granting Leave for Jury Duty 

Employers must accommodate the Summons of an employee and allow that employee to time off work to fulfil their duty – as per Section 29 of the Juries Act 1976. An employer cannot ask an employee to ignore a jury summons. Attending jury duty is a legal requirement, and failing to do so without being excused by the court can lead to penalties. It is important to note that if an employer fails to provide an employee with their rights under the Juries Act 1976, that employee can make a complaint to the Workplace Relations Commission. 

2. Verification of Jury Summons 

Employers have the right to request a copy of the jury summons to verify the employee’s claim. It’s a good practice for both the employer and employee to communicate openly about the duration of the expected service, which may vary based on the type of case. 

3. Managing Business Impact 

Employees receiving a jury summons can be unwanted, and at times it is an unavoidable situation with knock-on effects for your business. Understandably, the absence of an employee can have a significant impact on business operations, especially for small businesses. In normal circumstances, you are required to let your employee attend. However, there is a provision by which you can apply to delay the jury service of your employee if it would severely damage your business, you would need to provide an explanatory letter. It’s important to note that the final decision rests with the courts. 

Related Blog: Workforce Planning: Effective Ways to Save Time and Stress 

For Employees: 

• Notify your employer as soon as you receive your jury summons.
• Discuss company policies about paid or unpaid leave for jury service.
• If serving on a jury for an extended period, stay in communication with your employer to provide updates on your expected return. 

For Employers: 

• Be prepared for the possibility of an employee being unavailable for an unpredictable period.
• Consider having a written policy on jury service that clarifies your stance on pay during jury duty, to avoid confusion.
• Show support and understanding; remember that jury service is a civic duty, and employees should feel comfortable fulfilling it without fear of negative consequences.

Jury service is an important part of our justice system, and both employers and employees have rights and responsibilities to ensure that the process runs smoothly. Employers must provide leave and protect the employee’s job, while employees are expected to notify their employer promptly and discuss the impact of their absence. Although jury service can create some logistical challenges, it’s a shared civic duty that helps uphold justice in Ireland. 

*The information provided in this blog is for general informational purposes only and is not intended to be legal advice. Employers and employees are encouraged to seek professional legal counsel for specific guidance regarding jury service obligations and rights.