Jury Service and Your Employer in Scotland

Who this guide is for

People in Scotland who have been cited for jury service and want to know what their employer must do about time off and pay, what they can claim from the court, and what to do if they are treated badly or dismissed. It also covers self-employed people claiming for lost earnings.

What this guide does not cover

• Jury service in England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• Who is disqualified or ineligible for jury service, and what happens at court: this guide does not cover it. Read your citation and the Scottish Courts and Tribunals Service guidance.
• Whether your employer can make you use holiday for jury service, or ask you to work on days the court does not need you: this guide does not cover it. Ask Acas.
• What protection you have if you are a worker but not an employee (for example some agency workers): this guide does not cover it. Ask Acas.
• Which other reasons the court accepts for excusing you, and whether it can move your jury service to a later date: ask the court that cited you.
• Tribunal time limits in detail: use the tribunal deadline checker.

The questions that decide the answer

1. Where is the court? This guide is for jury service in Scotland. England and Wales, and Northern Ireland, have their own guides.
2. Are you an employee, a worker or self-employed? Employees: the time off, pay and protection rules below. Self-employed: you claim your own lost earnings from the court. A worker who is not an employee: ask Acas what protection you have.
3. Does your contract say you are paid during jury service? If it does, your employer must pay what it says. If it does not, your employer does not have to pay you and you claim from the court.
4. What has your employer done, and when? Refused time off, treated you badly or dismissed you. The date decides your time limit.

"Does my employer have to let me go?"

Yes. Your employer must allow you time off if you are cited for jury service.

The Scottish Courts and Tribunals Service says jury service is unlikely to last more than a week, but the length of a trial is hard to predict. Longer trials are more likely in the High Court, but can also happen in the sheriff court.

If you are not allowed time off, or you are treated badly for going, see the sections on being treated badly and being sacked below.

"Does my employer have to pay me?"

Not unless your contract says so. Employers do not have to pay you while you are doing jury service, but many do.

If your employer will not pay your normal salary, ask your employer to fill in the Certificate of Loss of Earnings before you attend, and take it with you to court. Only you can claim loss of earnings: your employer cannot claim from the court.

If your contract says you are paid during jury service and your employer does not pay you, that can count as treating you badly because of jury service (see below).

"How much can I claim from the court?"

You claim the earnings you actually lose, worked out on your net earnings (after tax and National Insurance), up to these daily limits:

• 4 hours or less at court: up to £32.47.
• More than 4 hours, from day 1 up to and including day 5: up to £64.95.
• Whole day rate from day 6 up to day 100: up to £129.91.
• Whole day rate for each day after 100 days: up to £230.

No juror can be paid more than these maximums. If you have to pay someone to do your work while you are away, you can claim for that instead, but not for both that and your own lost earnings.

If you are on a zero hours contract, you may be able to claim for loss of earnings. Your employer has to confirm the shifts or hours you were offered, or would have been offered, during your jury service.

You can also claim travel and meals. Travel: the cost of a public transport ticket, or 31.4p a mile by car or motorcycle (a higher rate needs the clerk's approval), or 9.6p a mile by bicycle. You cannot claim for parking. Meals: up to £5.71 if you are away from home or work for 10 hours or less, or up to £12.17 for over 10 hours, unless the court provides or offers your meals.

If your benefit is withdrawn during your jury service, you may be able to claim for loss of benefit. Tell your local benefits office that you have to attend for jury service.

"I'm self-employed"

If you are self-employed, your claim is based on your gross earnings, and you are responsible for declaring the money you get along with your business's other income. You need evidence of your earnings, such as an HMRC Self Assessment tax return or certified accounts for the previous year. The same daily limits apply.

"Can I be excused?"

You can be cited if you are 18 or over, are on the electoral register, and have lived in the UK, the Channel Islands or the Isle of Man for at least 5 years since you were 13. There is no upper age limit.

If you are 71 or over, you can apply to be excused as of right, up until the date you attend court.

For criminal trials, you can also apply to be excused as of right if you served on a jury in the last 5 years, or attended for jury service in the last 2 years but did not serve. In most cases you must apply within 7 days of receiving your citation.

If your work is the reason you cannot attend, apply to the court that cited you, using the details on your citation, and give your reasons. The court decides. This guide does not set out which reasons the court accepts.

"My employer treated me badly because of jury service"

As an employee, you have the right not to be treated badly by your employer (subjected to a detriment) because you were cited for jury service or were absent from work to attend. This is in the Employment Rights Act 1996, which applies in Scotland.

Not being paid during jury service does not count as a detriment, unless your contract entitles you to be paid.

You can complain to an employment tribunal. Notify Acas first (see below).

"I was sacked because of jury service"

If you are an employee and the reason (or main reason) for your dismissal is that you were cited for jury service, or were absent from work to attend, the dismissal is automatically unfair. You do not need any minimum length of service to claim.

There is one exception. The dismissal is not automatically unfair if your employer shows all of these: your absence was likely to cause substantial harm to the business, your employer told you so, and you unreasonably refused or failed to apply to be excused or to have your jury service deferred.

Being picked for redundancy because of jury service, where others in the same position were not dismissed, is also unfair.

This guide gives no figures for what a tribunal might award. Ask Acas.

"What do I do first?"

Before most claims you must notify Acas for early conciliation. It is free, and it pauses your time limit if you notify Acas within that time limit. If you contacted Acas on or after 1 December 2025, early conciliation can last up to 12 weeks.

Raising a grievance with your employer does not change your time limit. If it takes a long time, you still need to notify Acas before your time limit runs out.

Deadlines you must meet

• Most tribunal claims, including unfair dismissal: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026.
• Notify Acas within your time limit. Early conciliation pauses the clock. After it ends you have at least 1 month from the day you receive the Acas certificate to make your claim.
• Excusal as of right because you served or attended before: usually within 7 days of receiving your citation.
• Your exact tribunal date depends on your facts: the tribunal deadline checker works it out.

Money figures

• The court's daily limits are the ones set out above. They are maximums: the court pays no more, and your employer does not have to make up the difference.
• This guide gives no tribunal award figures.

Traps

• The court allowance is not your wages. It is capped at a daily limit, whatever you normally earn.
• In Scotland the higher whole day rate starts on day 6, not after 10 days as in England and Wales.
• You cannot claim for parking when you attend court.
• An employer that does not pay you during jury service is not breaking the law, unless your contract says it must pay.
• The protection from being treated badly or dismissed is for employees.
• Do not use the 6-month limit for an act that happened before 1 October 2026.