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There isn’t a lot you can do to get out of jury service, so employers are obliged to allow employees time off so they can serve. As an employer you’re not required to pay employees while they’re on jury duty (although some do) but you will normally need to complete a Certificate of Loss of Earnings so they don’t end up out of pocket.

What is a Certificate of Loss of Earnings?

The court will provide your employee with a Certificate of Loss of Earnings. You’ll need to complete this on their behalf, confirming the earnings that they’re missing out on as a result of being on jury service. The form will normally detail the days and hours that an employee works during a week, along with their net average earnings for each day they usually work.

For part-time and shift workers, only the days that they appear on the rota are included.

The court will also want to know whether an employee is able to return to work at any point during their two week service. Jurors might not need to attend the court every day, and the court won’t compensate jurors for days they’re able to return to work. This isn’t always possible though, if the nature of the job means you need to arrange cover for them – so make this clear on the form.

Can I top up their earnings?

The court will use the information on their Certificate of Loss of Earnings to compensate the juror although this is capped at a maximum daily rate. Though employers are not obliged to pay any loss of earnings, some choose to ‘top-up’ the amount for employees who earn more than the maximum amount they can claim from the court.

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How does that work for payroll?

Continuing to pay a complete wage to an employee doesn’t require any changes to payroll, but you’ll need to be a bit more careful if you’re paying a top-up amount. This is because the loss of earnings payment made by the court is classed as a compensation payment, so it’s not liable for PAYE tax and National Insurance.

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About The Author

Suzanne Goodier-Dodson

I'm a Senior Payroll Clerk with a degree in Mathematics, responsible for overseeing every aspect of payroll for our clients. In my spare time, I love to travel and going to gigs. Read my Staff Spotlight.

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