Jury duty in Ireland places specific pay and absence obligations on employers that many SMEs are unprepared for. This Q&A covers the employer's role when an employee receives a jury summons, including pay, protections, and the compliance risks of getting it wrong Read more
Jury duty in Ireland catches many employers off guard. An employee arrives at work one morning with a jury summons, and suddenly you are dealing with questions about pay, scheduling, and how long they could be absent. The Juries Act 1976 governs jury service in Ireland, and it places specific obligations on employers that go well beyond simply letting someone take time off. Getting this wrong can expose your business to a Workplace Relations Commission complaint or even a criminal offence.
Yes. Employers are required to continue paying employees their normal wages while they are on jury service. The courts do not pay jurors for their time, and there is no state reimbursement scheme for employers either. The full cost sits with the employer.
This is the point where many business owners feel the sting. A jury trial can last a few days, a week, or in rare cases, several weeks. Throughout that entire period, you are paying an employee who is not at work, and you have no control over the timeline. For smaller businesses, the operational disruption is real, particularly in sectors like hospitality, retail, and healthcare where cover is difficult to arrange at short notice.
Our team at Purpletree regularly helps employers build absence management processes that account for unpredictable leave like jury service. Having the right HR policies and procedures in place before a summons arrives makes a significant difference.
No. An employer cannot prevent an employee from attending jury service. Jury duty is a civic obligation, not a request. Under the Juries Act 1976, it is an offence to penalise an employee for attending jury service. That includes dismissal, demotion, unfavourable treatment, or any form of retaliation.
Some employers assume they can write to the court to have an employee excused. The court does have discretion to excuse a person from jury service in certain circumstances, but that application has to come from the juror, not from the employer. Pressuring an employee to seek an excusal is risky territory and could itself be treated as penalisation.
A situation we see frequently involves managers who, with good intentions, ask an employee to “try to get out of it” because the business is busy. That kind of casual conversation can become the basis of a WRC complaint if the employee feels they were pressured. This is exactly why having specialist employment advice on hand matters.
There is no fixed duration. An employee might be called for a panel sitting that lasts one week, but if selected for a trial, service can extend for significantly longer. Complex criminal trials in the Circuit Court or Central Criminal Court can run for weeks.
Even if an employee is not selected for a trial on a given day, they may still need to attend each morning of the sitting to see whether they are called. That means partial-day absences, unpredictable start times, and last-minute changes to your roster.
For employers, the planning challenge is considerable. You cannot backfill the role with certainty because you do not know when the employee will return. You cannot reduce their pay. And you need to ensure their workload is covered without overburdening other staff. When we guide clients through this process, we help them put interim cover arrangements in place quickly through our HR resource reallocation service.
The Juries Act 1976 sets out categories of people who are ineligible, disqualified, or excusable from jury service. Those ineligible include members of An Garda Síochána, the Defence Forces, practising barristers and solicitors, and certain other roles connected to the administration of justice. People aged 65 and over may claim excusal as of right.
Beyond those categories, a person can apply to the County Registrar to be excused on grounds of hardship or other good reason. Medical reasons, pre-booked travel, or caring responsibilities may be accepted, but it is at the court’s discretion.
The employer’s role here is limited. You cannot apply on the employee’s behalf, and you should not be making the decision about whether someone “qualifies” for excusal. What you can do is have a clear internal process for handling the notification, documenting the absence, and arranging cover. In our experience advising employers across Ireland, the businesses that handle jury service well are those that have a documented leave policy covering civic duties.
Failing to attend for jury service without lawful excuse is a criminal offence. The employee, not the employer, is liable. However, there is an indirect risk for employers here. If an employee tells you they have been summoned and you discourage them from attending, or if you create a work environment where they feel unable to go, your business could face a penalisation claim.
The safest approach is to treat a jury summons as you would any other statutory entitlement: acknowledge it, document it, facilitate it. Purpletree’s HR Essentials service includes policy templates and manager guidance for exactly these situations, so your team knows how to respond properly from day one.
No. Jury service is a separate category of absence. Employers cannot require an employee to use annual leave for the days spent on jury duty. The Organisation of Working Time Act 1997 protects annual leave entitlements, and deducting jury service days from an employee’s leave balance would likely be challenged successfully at the WRC.
Similarly, you cannot require the employee to make up the time when they return. They attended jury service at the direction of the State. Their employment terms continue as normal during and after the absence.
This is one of those areas where the operational cost to employers is real but the legal position is clear. Trying to offset that cost through leave deductions or time-in-lieu creates a compliance risk that far outweighs whatever you would save.
Beyond the legal obligations, jury duty creates a web of practical HR challenges. Consider the employer who rosters a replacement, only for the employee to be released from jury service early and return expecting their shifts back. Or the manager who asks the employee for details about the trial, not realising that jurors are legally prohibited from discussing case details.
There are also payroll implications. Does the employee get their full pay including shift premiums and allowances? What about overtime they would have worked? These questions do not have one-size-fits-all answers; they depend on contract terms, custom and practice, and your existing policies.
When we work with clients on this at Purpletree, we review their contracts and policies to make sure jury service provisions are clear and consistent. Ambiguity in your contracts is where disputes begin. Our employment contracts service ensures your documentation holds up under scrutiny.
Employees receive a jury summons from the Courts Service and a certificate of attendance after each day of service. It is reasonable for employers to ask for a copy of the summons and attendance certificates for record-keeping purposes, but you cannot refuse to release them pending proof.
Yes. There is no limit on the number of times a person can be summoned. However, a person who has served on a jury is generally not called again for at least three years. If an employee receives a second summons within a short period, they may apply to be excused.
Acknowledge the summons, confirm the employee will continue to receive normal pay, arrange interim cover for their duties, and brief their line manager on the employer’s obligations. Having a documented process for civic duty absences prevents ad hoc decisions that could create legal exposure. Get in touch with Purpletree if you need help setting up that process.
Yes. Part-time employees who are summoned for jury service are entitled to the same protections. They must not be penalised and should be paid for the hours they would normally have worked during the period of jury service.
Jury duty might seem like a minor absence issue until it lands on your desk. The pay obligations, the scheduling uncertainty, the legal protections for the employee, and the risk of getting any part of it wrong all add up to a situation that requires proper HR processes.
Purpletree’s employment advice team helps employers across Ireland put the right policies, contracts, and manager training in place so that when a jury summons arrives, your response is seamless. From policy drafting to WRC-ready documentation, we handle the complexity so you do not have to. Talk to our team today.
This article is for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. For advice on your specific situation, contact the Purpletree HR team directly.
Our team of HR specialists advises Irish employers on exactly these issues every day. Get in touch for a confidential conversation.
Speak to Our Team
Register Now:
You will receive a confirmation email with a Zoom invitation in advance of the Breakfast Briefing.