Time off for public duties

Employees who hold certain public offices are entitled to a reasonable amount of time off to perform their duties (section 50, ERA 96). This could include acting as a magistrate, local councillor or tribunal member, or serving on an NHS Trust, school governing body, police authority, environmental agency or board of prison visitors.

In deciding what is reasonable, the employer can take account of the effect of the time off on the business, how much time off is required and how much has already been taken.

In Riley-Williams v Argos EAT/811/02, the EAT ruled that reasonable time off was the time needed to meet the requirements of the office. In that case, the employee had been appointed as a magistrate and her letter of appointment said she would have to serve a minimum of 26 half-day sessions a year. The EAT said a reasonable employer would allow that amount.

An employee has the right not to be dismissed or to suffer any other detriment because they have been summoned for or are absent from work on jury service (section 43M, ERA 96). Compensation can include an award for injury to feelings. There is no statutory right to be paid for the time off, although the employee’s contract may provide for payment. An employee who is refused time off can complain to an ET within three months (less one day). Acas Early Conciliation applies. See Chapter 14 for more information.