Public office

A. Employees who take up the post of magistrate (along with some other public offices) have the right to a reasonable amount of time off from work to perform those duties (section 50 of the Employment Rights Act 1996).

In deciding as to what is a reasonable amount of time off, the employer can look into how much time off the individual requires to be a magistrate. This can take into account travel to and from the court and any training requirements, as well as what the impact of the time off will be on its business.

The Employment Appeal Tribunal (EAT) decided in the case of Riley-Williams v Argos EAT/811/02, that a reasonable time off would be the amount needed to meet the requirements of the office. In that case, the employee had been appointed as a magistrate and her letter of appointment said that she would have to serve a minimum of 26 half-day sessions a year. The EAT said a reasonable employer would allow that amount.

Unfortunately, there is no statutory right to be paid for such time off, so unless the employee’s contract provides for payment this role she will have to rely on whatever the Courts Service offers by way of expenses. Being a magistrate is a voluntary role.