Collective Redundancies Form: Approval

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made on 25 May 2012:

Decision Reference: MD-S-2012- 0040
Decision Summary Title :	Notify the Minister of Collective Redundancies form		Date of Decision Summary:	21 May 2012
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Notify the Minister of Collective Redundancies form		Date of Written Report:	21 May 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employer’s duty to notify the Minister of Collective Redundancies – form of notice approved
Decision(s): The Minister decided to approve the specific form on which employers will be required, from 1 June 2012, to give the Minister advance notice of a collective redundancy situation.
Reason(s) for Decision: From 1 June 2012, the Employment (Jersey) Law 2003 will be amended by the Employment (Amendment No.5) (Jersey) Law, 2012, to impose a new duty on employers. An employer who is proposing the redundancy of 12 or more employees at one establishment in a 30 day capture period will be required to notify the Minister in advance. The law specifies what information must be given to the Minister and provides that the notice shall be in such form as the Minister may direct. The purpose is to enable the Department to make early contact with employees who are facing redundancy to offer them assistance and advice relating to job seeking, training, Social Security contributions and benefits.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to make the form of notice available via the Social Security Department and the Jersey Advisory and Conciliation Service. There is no requirement for the States to approve the form.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Collective Redundancies Form: Approval

REPORT - Employment (Amendment No.5) (Jersey) Law 2012

Background

An appointed day act, adopted by the States on 20 March 2012, brings into force the collective redundancy related provisions of the Employment (Amendment No.5) (Jersey) Law 2012 on 1 June 2012. These new rights, which bring additional administration for employers and financial penalties for non-compliance, include;

- A requirement for employers to consult with nominated representatives on behalf of employees when proposing to dismiss as redundant 12 or more employees at one establishment within a capture period of 30 days, whether unionised or non-unionised employees.

- Provisions for the election of employee representatives to represent employees in collective consultation, and rights for those representatives.

- A ‘protective award’ where an employer fails to consult, as required, of up to

9 weeks’ compensatory pay to each affected employee.

- A requirement for employers to notify the Minister for Social Security when proposing the redundancy of 12 or more employees at one establishment in a 30 day capture period.

The purpose of the requirement to notify the Minister is to enable the Social Security Department to make early contact with employees who are facing redundancy to offer assistance and advice relating to job seeking, training, Social Security contributions and benefits.

The form of notice

For the purpose of giving the appropriate notice to the Minister, the law specifies what information must be given to the Minister and provides that a notice shall be in such form and contain such other particulars as the Minister may direct.

During the past three months, a draft form of notice based upon the equivalent UK form has been available from JACS for employers to trial. The form has been revised based on feedback received.

The Minister is satisfied that form contains all such particulars as an employer is required to provide by law and directs that notice must be given in this form.

The form of notice will continue to be available from JACS and will also be available from the Social Security Department and website. The notice will not create additional work for the Department; where employers are making large numbers of redundancies, officers already make contact with employees, wherever possible, to offer assistance and advice. This requirement to give notice of proposed redundancies, prior to the event, will allow officers to make contact at the earliest opportunity.