Section 40 | Protection Of Employees In Respect Of Jury Service | Employment Relations Act 2004 C24

40 Protection of employees in respect of jury service

Employment Relations Act 2004 (2004 c 24) | Legislation

40 Protection of employees in respect of jury service

(1) In Part 5 of the Employment Rights Act 1996 (c 18) (protection from suffering detriment in employment), before section 44 (but after the cross-heading immediately preceding that section) insert—

“43M Jury service

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the employee—

(a) has been summoned under the Juries Act 1974, the Coroners Act 1988, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or

(b) has been absent from work because he attended at any place in pursuance of being so summoned.

(2) This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.

(3) For the purposes of this section, an employee is not to be regarded as having been subjected to a detriment by a failure to pay remuneration in respect of a relevant period unless under his contract of employment he is entitled to be paid that remuneration.

(4) In subsection (3) “a relevant period” means