Time off for public duties

Employees who hold certain public offices have the right to a “reasonable” amount of time off to perform their duties under section 50 of the ERA 96. This could include acting as a magistrate, local councillor or member of a tribunal, or serving on an NHS trust, school governing body, police authority, environmental agency or board of prison visitors.

In deciding what is reasonable time off, the employer can take account of the effect the time off will have 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 held that reasonable time off was the amount of 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 that 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 or are absent from work on jury service (section 43M, ERA 96).

There is no statutory right to be paid for the time off, although the employee’s contract may provide for payment.

An employee who has been refused time off for any of the above functions can complain to a tribunal within three months.

All tribunal claims are now subject to a fee. From 6 May 2014, the first step in any tribunal claim is to contact Acas under its new early conciliation scheme. See Chapter 1 for important information on fees, remission and Acas early conciliation.