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, 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 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. Acas Early Conciliation applies. There is a tribunal fee for bringing this claim. See Chapter 13 for information about Acas Early Conciliation, tribunal fees and “Help with Fees”.