Employees involved in public duties of various types have the right to time off work to carry out those duties. The Employment Rights Act 1996 gives the right to time off to serve on various public bodies ('See 'Service on public bodies' below). Time off for jury service is covered by the Juries Act 1974 (jury service ). There is also separate legislation covering the position of members of the Volunteer Reserve Forces (volunteer reserve forces leave ).
Under the Employment Rights Act 1996, a company must allow employees who are magistrates or members of certain public bodies a reasonable amount of unpaid time off work to perform their duties. The relevant public bodies are currently these:
- Justice of the peace
- Local authorities, including the Common Council of the City of London, National Park Authorities and the Broads Authority.
- Police Authorities.
- The Service Authorities for the National Criminal Intelligence Service or the National Crime Squad.
- Statutory tribunals (such as employment tribunals).
- Boards of prison visitors and prison visiting committees.
- NHS Trusts, Health Authorities and Health Boards.
- The managing or governing bodies of educational establishments maintained by local education authorities.
- In Scotland, school councils and school boards, the management boards of self-governing schools and the governing bodies of designated and central institutions.
- The governing bodies and boards of management of further and higher education corporations and colleges.
- The General Teaching Councils for England and Wales.
- The Environment Agency and the Scottish Environment Protection Agency.
- Scottish Water or a Water Customer Consultation Panel.
In deciding how much time off to allow and under what conditions, an employer is entitled to take into account how much time off for public duties or for trade union duties and activities the employee has already had, and the impact the employee's absence will have on the running of the business.
A company is under no legal obligation to pay an employee during time off spent on public duties. The employee may be entitled to allowances or expenses from the body on which he or she serves.
An employee who is 18 or over may be required to attend for jury service, under the Juries Act 1974. It is possible for an employee to put off jury service to a later date if, for example, it clashes with work commitments or holiday dates, but this can be done only once. A form that can be used to apply for a dferral accompanies the jury summons. Employers are not obliged to pay employees for time spent on jury service, but employees can claim expenses and compensation for loss of earnings for their attendance at court from the Court Service. It is unlawful for an employer to penalise, dismiss or select an employee for redundancy on the ground that he or she has been summoned for or undertaken jury service. This protection applies regardless of the employee’s age or length of service. However, if the employee’s absence on jury service would cause substantial damage to the employer’s business and the employee unreasonably refuses to apply to be excused jury service or have it deferred, then it is not automatically unfair for the employer to dismiss the employee or select the employee for redundancy on the ground of jury service. In order to avoid a finding of unfair dismissal, however, the employer must still follow the statutory dismissal procedure and acted reasonably in all the circumstances before deciding to dismiss.
Further information on jury service can be obtained from the Court Service (jury service ).
Employees who are members of the Volunteer Reserve Forces are usually required to attend a continuous 15 day training period, in addition to occasional week-end and evening training. Employers will need to decide whether to give additional leave for this purpose or require that some or all of the leave should be taken from the employees' annual holiday entitlement. Although reservists receive allowances and pay for attending annual training, it is good practice to ensure that they do not lose out financially because of their duties.
Reservists may be called out for permanent service in the event of national emergency or war, and for peacekeeping and humanitarian operations. The Reserve Forces (Safeguard of Employment) Act 1985 requires employers to offer reservists their old job back, or one that is reasonably equivalent, on their return from call-up, if this is reasonably practicable. The Act also makes it an offence to dismiss someone for being liable to be called out.
If the absence of a reservist would cause serious harm to its business and staffing cover is not available, the employer has the right to apply for the employee to be exempt from the call-out or for the call-out to be deferred. Employers can also apply for compensation for the additional costs they incur as a result of an employee being called out. Further information on the Volunteer Reserve Forces is available from the National Employer Advisory Board for the Armed Forces ( Volunteer Reserve Forces ).