Compensation awards in respect of written terms of employment, pay slips and rest days: Employment Forum’s recommendation and Minister’s response

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A decision made 14 December 2015:

Decision Reference: MD-S-2015-103
Decision Summary Title :	DS Compensation awards recommendation – Report to States		Date of Decision Summary:	14 December 2015
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 :	WR Minister’s response to compensation awards recommendation		Date of Written Report:	14 December 2015
Written Report Author:	Policy Principal		Written Report: Public or Exempt?	Public
Subject: Compensation awards in respect of written terms of employment, pay slips and rest days – Report to the States
Decision(s): The Minister decided to present to the States the Employment Forum’s recommendation on compensation awards in respect of written terms of employment, pay slips and rest days, along with a record of her decision to accept that recommendation.
Reason(s) for Decision: The Minister had directed the Employment Forum to make a recommendation on whether provision for compensation awards in respect of written terms of employment, pay slips and rest days should be introduced into the Employment (Jersey) Law 2003. Where an employer does not meet certain obligations under the Employment Law, there is currently a mechanism to impose a criminal penalty. This is considered unwieldy and so the Forum was asked to consult on whether the Employment and Discrimination Tribunal should instead have the power to award financial compensation to an affected employee for failures relating to written terms of employment and pay slips. The Forum was also asked to consult on introducing a power to award compensation for failures relating to statutory rest day entitlement. The Forum has consulted and presented its recommendation to the Minister, as required by Article 19 of the Employment Law, and the Minister has decided to lay a copy of that report before the States, along with a record of her decision to accept the recommendation.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to request the Greffier of the States to arrange for the Minister’s response (the written report) and the Forum’s recommendation (the supporting document) to be presented together as a Report to the States at the earliest opportunity (the Minister’s response to appear first). Policy Principal to arrange the media release and public circulation of the Forum’s recommendation on 15 October.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):