Is an employer required to give staff time off work to vote?

With the upcoming 2024 general election this Thursday, a topic of discussion is whether employers should allow their employees time off work to cast their vote.

Polling stations open as early as 7am and close as late as 10pm, providing the opportunity for people to cast their vote outside of their working hours. Therefore, perhaps unsurprisingly, employers are not legally required to provide their staff with time off to cast their vote. It is the employee’s responsibility to make a trip to the polling station in their own time.

If an employee did want to cast their vote in person during their contracted working hours, then the employer may allow them to take time off as paid annual leave subject to their annual leave request procedures. Otherwise, this could go down as unpaid time off.

It is important to note however that there is a right to reasonable time off work to partake in ‘public duties’ such as jury service, but voting does not fall under a specific public duty activity.

One option for employers could be considering allowing flexible working hours for election day. In relation to those who may work night shifts, allowing a degree of leniency may be helpful for these employees. However, employers should tread carefully and ensure that they are clear as to whether this time off to vote is paid or unpaid.

An employer needs to act consistently if deciding to allow some employees time off and not others, otherwise this could lead to grievances being raised or even claims of discrimination.

Employers, particularly larger organisations, also have a duty of Corporate Social Responsibility. This involves employers encouraging their employees to vote and being a business that wants to improve the community and future of the country. It may be useful for employers to provide impartial information leaflets/resources to keep their employees informed about voting during the election season.

In summary, although employers do not legally have to provide time off to vote, allowing some flexibility on election day may be something to consider, especially for those who do not work sociable hours.

Our Employment Law team is headed up by Lloyd Clarke, a Partner of the firm, who oversees a team of lawyers and paralegals who would be happy to assist. Please call: 01206 766333.

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