Jersey Employment and Discrimination Tribunal: Re-Appointment

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A decision made on 11 January 2019

Decision Reference: MD-S-2019-0001
Decision Summary Title :	DS JEDT re-appoint Harper		Date of Decision Summary:	11 January 2019
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 JEDT re-appoint Harper		Date of Written Report:	11 January 2019
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Re-appoint side member to the Jersey Employment and Discrimination Tribunal
Decision(s): The Minister decided to re-appoint Mrs Emma Harper as a side member of the Jersey Employment and Discrimination Tribunal for an additional four years.
Reason(s) for decision: Regulation 5(2) of the Employment and Discrimination Tribunal (Jersey) Regulations 2014 provides that members of the Employment and Discrimination Tribunal are to be appointed for an initial term of up to five years. After consultation with the Jersey Appointments Commission, the Minister may extend a member’s initial term of office by re-appointing the member to the same office. The Jersey Appointments Commission recruitment guidelines state that “States appointees and members of independent bodies should not normally be appointed for terms in excess of nine years.” The initial term of office for Mrs Harper would expire on 28 February 2019 and she has requested a four-year extension. Having consulted the Jersey Appointments Commission, the Minister has decided to re-appoint Mrs Harper for a further four-year term, ending on 28 February 2023. It is not necessary to ask the States Assembly to approve the re-appointment. However, as a matter of good order, the Minister will notify the States as part of the report that will accompany her Proposition to appoint six new members to the Tribunal (MD-S-2019-0002).
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to notify Mrs Harper that her re-appointment has been approved
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Jersey Employment and Discrimination Tribunal: Re-Appointment

Jersey Employment and Discrimination Tribunal – Re-appoint Side Member

Constitution of the Tribunal

The Employment and Discrimination Tribunal (Jersey) Regulations 2014 [1] (the ‘Tribunal Regulations’) make provision for the constitution and membership of the Employment and Discrimination Tribunal (the ‘Tribunal’), including for the appointment and terms of office of the members. One Chairman, up to five Deputy Chairman and up to 24 side members (in three different categories) may be appointed to the Tribunal.

Regulation 5(2) of the Tribunal Regulations provides that members of the Tribunal are to be appointed for an initial term of up to five years. After consultation with the Jersey Appointments Commission, the Minister for Social Security may extend a member’s initial term of office by re-appointing the member to the same office. The Jersey Appointments Commission recruitment guidelines state that “States appointees and members of independent bodies should not normally be appointed for terms in excess of nine years.”[2]

Re-appointment of side member

The initial term of office of current side member Mrs Emma Harper would expire on 28 February 2019.

Mrs Harper works in accounts and property management for Badix Properties Jersey Limited as well as undertaking bookkeeping for a number of local small businesses. Mrs Harper has 19 years’ previous experience as Owner, Director and Company Secretary of Harpers Catering Limited, in which she employed a multicultural workforce of more than 100 staff, including permanent, seasonal, temporary and part-time staff. Mrs Harper has previously worked in the travel and retail sectors and she served for two years as the Chairman of the Parent Teachers’ Association for St John’s Primary School.

Mrs Harper has requested an extension to her term of office. Having consulted the Jersey Appointments Commission, the Minister has decided to re-appoint Mrs Harper as a side member for a further four-year term, ending on 28 February 2023.

It is not necessary to ask the States Assembly to approve the re-appointment. However, as a matter of good order, the Minister will notify the States Assembly as part of the report that will accompany her Proposition to appoint six new members to the Tribunal (MD-S-2019-0002).

[1]https://www.jerseylaw.je/laws/revised/Pages/05.255.70.aspx

[2]www.gov.je/SiteCollectionDocuments/Government%20and%20administration/P%20JAC%20recruiting%20guidelines%20%2020160517%20MN.pdf