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.