Employment (Qualifying Period) (Jersey) Order 2014

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 5 December 2014:

Decision Reference: MD-S-2014-0148
Decision Summary Title :	DS Make Order - Extend unfair dismissal qualifying period		Date of Decision Summary:	5 December 2014
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	WR Make Order - Extend unfair dismissal qualifying period		Date of Written Report:	5 December 2014
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment (Qualifying Period) (Jersey) Order 2014
Decision(s): The Minister made the Employment (Qualifying Period) (Jersey) Order 2014.
Reason(s) for Decision: The Chief Minister had proposed in his vision for a strategic policy (dated 24 October 2014) to extend the qualifying period for protection against unfair dismissal. The Minister for Social Security agreed and this Order will prescribe a qualifying period of one year where employment commences on or after 1 January 2015. Where employment has commenced before 1 January 2015, an employee will continue to qualify for protection against unfair dismissal after 26 weeks’ service. The Minister has acted quickly with the intention of giving the necessary support to businesses to boost growth and to encourage employers to create opportunities for local jobseekers. The Minister considers that the longer qualifying period might offset some of the other perceived challenges that local employers face, particularly small businesses.
Resource Implications: The financial and manpower impact of these proposals on the States as an employer is minimal, both in terms of the numbers of employees dismissed and the costs in dealing with their dismissal.
Action required: The Policy Principal to notify the Law Draftsman that the Order has been made and to forward the signed and sealed Order to the Publications Editor, States Greffe. The Greffier of the States to be requested to notify the States of the making of the Order.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):