TimeClock 365 regularly hears from HR teams caught off guard by a request that isn't annual leave, isn't sick leave, and isn't parental leave: an employee has been summoned for jury service, appointed as a magistrate, or elected as a local councillor, and needs time off during working hours. UK law does cover this — but the rules are less well known than holiday or sick pay rules, and getting them wrong creates unnecessary friction with staff who are, in most cases, legally obliged to attend.
The legal basis: Section 50 of the Employment Rights Act 1996
Section 50 of the Employment Rights Act 1996 (ERA 1996) gives employees the right to take "reasonable" time off during working hours to carry out certain public duties. There is no minimum length of service required to qualify — this right applies from an employee's first day, unlike some other statutory rights that require continuous employment.
The roles covered by section 50 include:
- Justices of the Peace (magistrates)
- Members of a local authority (councillors)
- Members of a statutory tribunal
- Members of a police authority or police and crime panel
- Members of a board of prison visitors or independent monitoring board
- Members of a relevant health body (such as an NHS trust)
- Members of a relevant education body (such as a school or college governing board)
- Members of the Environment Agency or the Scottish Environment Protection Agency
Jury service is handled slightly differently. It isn't listed under section 50, but employees summoned for jury service have separate statutory protection under section 43M of the ERA 1996 against being dismissed or subjected to detriment because of jury service or time taken off for it.
How much time off counts as "reasonable"?
The Act deliberately doesn't set a fixed number of days. What counts as reasonable depends on:
- How much time is needed to perform the specific duty
- How much time off the employee has already had for public duties
- The circumstances of the employer's business — including the size of the business and the effect the employee's absence will have on it
In practice, this means an employer can have a legitimate conversation with an employee about scheduling — for example, a magistrate might be asked to sit on days that minimise disruption to a small team — but cannot refuse the time off outright or set an arbitrary cap that ignores the statutory duties involved.
Do employers have to pay for this time off?
This is the point that trips up the most employers: section 50 gives a right to time off, not a right to paid time off. There is no general statutory obligation for an employer to pay wages for time spent on public duties. Many employers choose to pay anyway as a matter of policy or goodwill, particularly for shorter, infrequent duties like a single tribunal sitting, but it isn't a legal requirement under the ERA.
Jury service works differently in practice: jurors can claim a loss-of-earnings allowance from HM Courts & Tribunals Service (HMCTS) for time away from paid work, subject to daily caps that often don't fully cover a higher earner's salary. Some employers top up the difference between the HMCTS allowance and normal pay as a retention and goodwill measure, but again, this is a policy choice, not a legal requirement.
What employers cannot do
Refusing time off entirely, or dismissing or disciplining an employee for taking public duties leave or jury service, exposes an employer to an employment tribunal claim. Under section 51 ERA 1996, an employee can complain to a tribunal if an employer unreasonably refuses time off under section 50, and a tribunal can award compensation it considers just and equitable. Separately, dismissing someone connected to jury service, or subjecting them to a detriment because of it, is automatically unfair and does not require a minimum length of service to claim.
Recording and tracking public duties leave correctly
Because public duties leave sits outside annual leave, sick leave, and parental leave, it needs its own category in whatever system tracks staff absence — lumping it in with "other" or, worse, informally logging it in an email thread, makes it hard to demonstrate consistent, lawful handling if a dispute arises later. A dedicated leave type also makes it far easier to see patterns: how often a given employee is called on, whether the business is absorbing the disruption fairly across teams, and whether the employer's own pay-top-up policy (if it has one) is being applied consistently. Time-tracking software that supports custom leave categories — distinct from standard PTO and leave management — gives HR a clean, auditable record without extra manual spreadsheet work, which also supports the kind of documentation reviewed under broader HR compliance management obligations.
A live consultation could reshape the list
The UK Government opened a public consultation, running from 12 June to 4 September 2026, reviewing the list of public duties eligible for statutory time off under section 50. Employers with staff who serve as councillors, magistrates, or tribunal members should watch for the outcome, since it could add or remove categories, or otherwise adjust how the right operates. TimeClock 365 will cover any confirmed changes once the consultation concludes and outcomes are published.
Frequently asked questions
Is an employer legally required to pay an employee for time off for jury service or public duties?
No. Section 50 of the Employment Rights Act 1996 gives a right to reasonable unpaid time off for specified public duties such as being a magistrate, councillor, or tribunal member. There is no general statutory duty to pay wages for this time, though many employers do so voluntarily. For jury service specifically, jurors can claim a loss-of-earnings allowance directly from HM Courts & Tribunals Service, and some employers top this up to full pay as a matter of policy.
Can an employer refuse a request for time off to attend jury service or serve as a magistrate?
An employer cannot refuse jury service, since it is a legal summons enforced by the courts, and separate protections under section 43M of the ERA 1996 prevent dismissal or detriment linked to it. For section 50 public duties like magistrate or councillor roles, an employer can discuss reasonable scheduling but cannot unreasonably refuse the time off altogether; doing so can lead to an employment tribunal claim under section 51.
How much time off is an employee entitled to for public duties?
The law does not set a fixed number of days. What counts as "reasonable" depends on how much time the specific duty requires, how much public duties leave the employee has already taken, and the impact on the employer's business, including its size. This is assessed case by case rather than through a set statutory allowance.
Does an employee need a minimum length of service to qualify for public duties time off?
No. Unlike some other statutory employment rights, section 50 time off for public duties applies from the first day of employment, with no qualifying period required.
Is jury service covered under the same law as being a magistrate or councillor?
Not exactly. Magistrates, councillors, tribunal members, and similar roles are covered by section 50 of the Employment Rights Act 1996. Jury service is a separate legal obligation under the Juries Act 1974, with employment protection against dismissal or detriment provided separately under section 43M of the ERA 1996.
How should employers record public duties leave for compliance purposes?
Public duties leave should be logged as its own distinct category, separate from annual leave, sick leave, or parental leave, so there is a clear, consistent record if a dispute or tribunal claim arises later. Time-tracking systems that support custom leave types make this straightforward without relying on manual spreadsheets or email records.
This article is provided for general information only and does not constitute legal advice. Employment law is fact-specific, and rules can change following consultations or new legislation. For guidance on a specific situation, contact ACAS (Advisory, Conciliation and Arbitration Service) or a qualified employment solicitor.