Employee resignations (FOI)

Request 

I know it is UK law that an employer cannot refuse an individuals resignation, and that there are procedures in place that they must follow eg. getting confirmation of resignation in writing, informing employee of notice period, and so on.
A

I am interested to know what Jersey law is regarding handling staff resignations; does this differ from the UK?

B 

Is it unlawful to refuse an employees resignation?

C 

What if there is coercion involved to attempt to keep an employee from resigning, is this allowed?

Response 

A 

The Freedom of Information (Jersey) Law 2011 gives a right to request information that is held in recorded form, unless exempt. This aspect of the request poses a question rather than seeking information held in recorded form. Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

In respect of the query on Jersey law, the laws are publicly available and therefore Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied. 

Jersey Law | Home 

B  

This question is asking for an opinion on the law which the Freedom of Information (Jersey) Law 2011 does not require us to provide.  The Freedom of Information (Jersey) Law 2011 gives a right to request information that is held in recorded form, unless exempt.  Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

C 

This question is asking for an opinion on the law which the Freedom of Information (Jersey) Law 2011 does not require us to provide.  The Freedom of Information (Jersey) Law 2011 gives a right to request information that is held in recorded form, unless exempt.  Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

Further information may be available by contacting the Jersey Advisory and Conciliation Service (JACS) 

Jersey Advisory & Conciliation Service (jacs.org.je) 

Articles applied 

Article 3 - Meaning of "information held by a public authority" 

For the purposes of this Law, information is held by a public authority if – 

(a)     it is held by the authority, otherwise than on behalf of another person; or 

(b)     it is held by another person on behalf of the authority. 

Article 23 - Information accessible to applicant by other means 

(1)     Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge. 

(2)        A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information