Employment (Jersey) Law 2003 (Amendment No. 5, 6 and 7) (Appointed Day) Act 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 February 2012:

Decision Reference: MD-S-2012-0014
Decision Summary Title :	DS Amends 5 6 7 App Day Lodged		Date of Decision Summary:	14 February 2012
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 Amends 5 6 7 App Day Lodged		Date of Written Report:	14 February 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Lodge the Employment (Jersey) Law 2003 (Amendment Nos. 5, 6 and 7) (Appointed Day) Act 201-
Decision(s): The Minister decided to lodge an Appointed Day Act that would bring into force specified articles of the Employment (Amendment No.5) (Jersey) Law 2010, Employment (Amendment No.6) (Jersey) Law 2012, and Employment (Amendment No.7) (Jersey) Law 2012 on two different dates.
Reason(s) for Decision: The Employment (Amendment No.6) (Jersey) Law, 2012, and Employment (Amendment No.7) (Jersey) Law, 2012, received Privy Council sanction on 14 December 2011. The Employment (Amendment No.6) (Jersey) Law 2012 primarily relates to collective redundancy situations and amends the rules relating to collective redundancies that were provided (but not enacted) via the Employment (Amendment No.5) (Jersey) Law 2010. The new rights relating to collective redundancies will expand the redundancy procedures that must be followed when an employer is proposing 12 or more redundancies at one establishment within a 30 day capture period. These amendments would come in force, after a three month notice period, on 1 June 2012. The Employment (Amendment No.7) (Jersey) Law 2012 primarily provides that the interval between successive fixed-term contracts that breaks continuous service is 9 weeks (rather than 26 weeks) for the purpose of calculating whether an employee has the required 2 years’ continuous service to qualify for redundancy pay. The intention is to minimise opportunities for abuse, whilst being appropriate in view of genuine, seasonal business practices. These amendments are time critical and would come into force immediately.
Resource Implications: The budgets for the Jersey Advisory and Conciliation Service and the Jersey Employment Tribunal for 2012 are sufficient to meet the cost of any additional services in respect of these rights. Advice and guidance on the new legislation is already being provided by JACS and included in training courses.
Action required: Policy Principal to request the Greffier of the States to arrange for the draft Appointed Day Act to be lodged ‘au Greffe’, for debate at the States sitting of 20 March 2012.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Employment (Jersey) Law 2003 (Amendment No. 5, 6 and 7) (Appointed Day) Act 201-

Employment (Jersey) Law 2003 (Amendment Nos. 5, 6 and 7) (Appointed Day) Act 201-

BACKGROUND

Three amendments to the Employment (Jersey) Law 2003, primarily relating to redundancy rights, have been adopted by the States since 2010.

Employment (Amendment No.5) (Jersey) Law 2010, (“Amendment 5”)
Employment (Amendment No.6) (Jersey) Law 2012, (“Amendment 6”)
Employment (Amendment No.7) (Jersey) Law 2012, (“Amendment 7”)

Amendment 6 and Amendment 7 received Privy Council sanction on 14 December 2011. This Appointed Day Act provides that certain provisions of the 3 amendments will come into force in 2012, either immediately, or on 1 June 2012.

The primary purpose of the three amendments can be summarised as follows;

Amendment 5 provides the right to redundancy pay and collective consultation. The right to redundancy pay came into force on 1 January 2011. Rights relating to collective redundancy situations and collective consultation were not brought into force because the Social Security Minister had proposed an amendment (Amendment 6) to the rules relating to collective consultation.

Amendment 6 adjusts redundancy rights and collective consultation rules. Having directed the Employment Forum to consult further on collective consultation, the Minister lodged a proposal revising the rules that would trigger the requirement to consult representatives of employees about proposed redundancies. Amendment 6 was adopted by the States in January 2011.

Amendment 7 addresses the accrual of service under short fixed-term contracts in respect of qualifying for redundancy rights. An unintended consequence was identified relating to the interaction between the calculation of continuous service and the qualifying period of service for redundancy rights that is likely to have disproportionate negative consequences for seasonal employers and employees. Amendment 7 was adopted by the States in June 2011.

APPOINTED DATES

Immediate – The new provisions that would come into force immediately, subject to States approval, would include;

- Amendments to clarify existing redundancy rights, including clarifying the definition of “dismissal” and the rules for determining a week’s pay.

- Providing that, for the purpose of calculating whether an employee has the required 2 years’ continuous service to qualify for redundancy pay, weeks in which an employee works less than 8 hours are included in the calculation of continuous service.

- Providing that the interval that breaks continuous service between successive fixed-term contracts is 9 weeks, rather than 26 weeks, for the purpose of calculating whether an employee has the required 2 years’ continuous service to qualify for redundancy pay.

1 June 2012 – The amendments that would come into force, after an approximate three month notice period, 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 Social Security Minister when proposing the redundancy of 12 or more employees at one establishment in a 30 day capture period.

The new collective redundancy provisions bring additional administration for employers and potentially significant financial penalties for non-compliance. JACS training courses and guidance have prepared employers for the impending collective consultation requirements during the past year.

Financial and manpower implications

There are no additional financial or manpower implications. The existing budgets for the Jersey Employment Tribunal and the Jersey Advisory and Conciliation Service, are sufficient for the implementation and operation of this legislation during 2012.