Employment Forum: Recommendation on Employment Law Codes of Practice: Ministerial Response

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A decision made 2 August 2013:

Decision Reference: MD-S-2013-0071
Decision Summary Title :	DS Forum Codes Recommendation		Date of Decision Summary:	26 July 2013
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 Ministers response Forum Codes Recommendation		Date of Written Report:	26 July 2013
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: States Report – Employment Law Codes of Practice; Employment Forum’s Recommendation and Minister’s response
Decision(s): The Minister decided to present to the States the Employment Forum’s recommendation on the Employment Law Codes of Practice and his response to that recommendation.
Reason(s) for Decision: The Minister had asked the Employment Forum to consult and make a recommendation to him on the Employment Law codes of practice. The Forum presented its recommendation to the Minister on 25 July 2013. The Minister has considered the recommendations and will take appropriate action, as described in his written report.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to request the Greffier of the States to arrange for a Report to be presented to the States at the earliest opportunity, which will present the Minister’s response with Employment Forum’s recommendation appended to it.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment Forum: Recommendation on Employment Law Codes of Practice: Ministerial Response

Report to the States

Minister’s response to the Employment Forum’s Recommendation on the Employment Law Codes of Practice

Earlier this year, I directed the Employment Forum (the ‘Forum’) to consult upon three codes of practice that relate to the Employment (Jersey) Law 2003 (the ‘Employment Law’):

Code 1 - Disciplinary and grievance procedures

Code 2 - Uninterrupted rest days

Code 3 - Therapeutic work

The Forum presented its recommendation to me on 25 July 2013. I am grateful to the members of the Forum and I thank those who responded to the consultation. My response to the three recommendations is as follows:

Code 1 - Disciplinary and grievance procedures

The Forum recommended that the code of practice should be revised and presented a revised draft code of practice for my consideration.

I agree that the revised draft is an improvement and that a simplified, more streamlined procedure should make it easier for employers to understand the steps to a fair disciplinary and grievance procedure. I will consider the revised draft in conjunction with the Jersey Advisory and Conciliation Service (JACS) and I expect to make some minor revisions before circulating a further draft code of practice for consultation later this year. To meet the requirements of the Employment Law, I will publish a notice in the Jersey Gazette advising that the code of practice is available for inspection and encouraging stakeholders to send me their comments.

Code 2 - Uninterrupted rest days

The Forum recommended that, instead of a code of practice, an amendment to the Employment Law should provide a definition of ‘uninterrupted’ rest days.

I accept the recommendation as I agree that this is a more appropriate approach. I hope that a definition in law, along with new guidance from JACS, will provide clarity for employers in the organisation of atypical working patterns. I will submit the proposed amendment to the Law Draftsman at the next opportunity and I will request that JACS prepares new guidance.

Code 3 - Therapeutic work

The Forum recommended that a new JACS guide should replace the therapeutic work code of practice.

I agree that it is more appropriate to provide equivalent information in guidance rather than in a code of practice. My Department will provide any assistance that JACS requires in the preparation of an appropriate guidance note.