Section 43M — Jury service

(1) [F1 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) [F1 has been summoned under the Juries Act 1974, [F2 Part 1 of the Coroners and Justice Act 2009], the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or]

(b) [F1 has been absent from work because he attended at any place in pursuance of being so summoned.]

(2) [F1 This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.]

(3) [F1 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) [F1 In subsection (3) “ a relevant period ” means any period during which the employee is absent from work because of his attendance at any place in pursuance of being summoned as mentioned in subsection (1)(a). ]

Amendment notes

1. F1 S. 43M inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 40(1), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
2. F2 Words in s. 43M(1)(a) substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 36(2) (with s. 180); S.I. 2013/1869, art. 2(o)(xv)