Employment status criteria (FOI)

​Request

I would just like to inquire about how a profession is chosen or applies to be granted "essentially Employed status".

Also what professions are essentially employed currently?

Response

A profession is not chosen or able to apply to be granted ‘’essentially employed status’’. Therefore there is no list of professions that are ‘’essentially’ employed.

An ‘essential’ employee is a role not a profession, however most ‘essential’ employees would be professionals by nature. It is for each individual business to make the case in its application that the role is for an employee who is ‘essential’ and the application will be determined based on the criteria / policy at that time.

Under the Control of Housing and Work (Jersey) Law 2012, Licensed permissions are a condition of the business licence. This condition permits a maximum number (which may be nil) of individual(s) whose status is or would be Licensed to work in the business.

If an Employer is permitted to employ a Licensed person, they may only appoint a person to perform work that is the same or substantially the same as work falling within the description on the business licence. For example, a business may have a business licence that specifies they can employ five Senior Fund Managers. Should a Licensed individual leave the business, the employer can recruit another individual to fill that position, so long as its falls within a description of work permitted by the business licence ie the Senior Fund Manager. The post could not be replaced by a qualified electrician.