Jury Service

Any person aged between 18 and 75 on the electoral register can be summoned to do jury service in the Isle of Man. Provided they qualify to serve as a juror[1], they must attend court unless they are formally excused by the Chief Registrar before the trial date. Refusal or failure to attend without good reason is an offence under the Jury Act 1980. Employees who are summoned for jury duty may take time off without pay for these purposes during work hours.

Notification of the need to take time off

There are no prescribed formalities. However, employees should ideally give as much notice as possible to the employer if they are summoned, so that the possible impact on the business can be considered. The employee should be able to produce a copy of their summons to their employer. (A summons is an order to attend court for certain reasons and is served on potential jurors by the Coroners of the Sheadings in the Isle of Man.)

Is there a right to payment?

There is no legal obligation on an employer to pay an employee for the time they need to take off when they are summoned for jury service. However, employers may choose to continue remuneration as a matter of discretion. It is also advisable to check that no provision is made for paid time off to undertake jury service or other public duties under the contract of employment or pursuant to any employer policies, which is sometimes the case.

Persons who attend court in response to a jury summons and who are chosen as jurors are entitled to remuneration and limited travel expenses, which can be claimed directly from the Isle of Man Government. Current rates can be found here: https://www.courts.im/jury-service/payment/

How much time off may be required?

The amount of time that an employee may be required to serve on a jury is not fixed, and so the employer may not know immediately how much time off is likely to be involved.

Trials can last from days to weeks depending on each individual case. Once assigned to a trial, the employee will be told how long it is expected to take which should then be communicated to the employer.

Does the employer have any discretion as to when (or if) an employee has to do jury service?

Under Isle of Man law, a person summoned to act as a juror may be excused by the Chief Registrar if they can show “reasonable cause” for being excused (ie a good reason)[2]. A right of appeal is available against the decision of the Chief Registrar to a Deemster.

The general presumption is that a person should comply with their duty and serve on a jury when called to do so, provided they are eligible. Their absence from work and resulting “inconvenience” to the employer, or general work commitments, would not be considered sufficient reasons to be excused. There may, however, be exceptional circumstances which would cause severe difficulties at work due to the timing of the requirement to serve on a jury, in which case it might be possible to defer jury duty. When a person has a pre-arranged medical appointment or operation, pre-booked travel, or has a mental or physical condition that affects their capacity to act effectively as a juror, they may also be excused.

The employee would need to complete a “Jury Excusal Form” (form JE01 located on the Isle of Man courts website) and send it to the court, together with supporting documents, explaining the circumstances.

However, if the employee is not excused, the employer has no control over when the employee must be permitted to take leave.

Consequences if employer refuses to allow time off

An employee who is eligible to serve on a jury and who has not been formally excused is legally obliged to attend. By the same token, an employer cannot legally refuse an employee’s request to take time off if they are summoned.

If an employer punishes an employee for non-attendance or dismisses them due them carrying out jury service, a complaint may be made to the Employment and Equality Tribunal (the “Tribunal”).

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References:-

[1] Some professions (eg relating to the clergy and the administration of justice, medical practitioners, armed forces etc) and certain conditions may make a person ineligible to serve on a jury.

[2] Section 31(4) of the Jury Act 1980

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Useful Resources:-

https://www.courts.im/jury-service/