Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey) Order 2014

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 24 January 2014:

Decision Reference: MD-S-2014-0008
Decision Summary Title :	DS D&G Code of practice – Ministerial Order made		Date of Decision Summary:	24 January 2014
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	WR D&G Code of practice – Ministerial Order made		Date of Written Report:	24 January 2014
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey) Order 2014
Decision(s): The Minister made the Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey) Order 2014 under the Employment (Jersey) Law 2003.
Reason(s) for Decision: Article 2A of the Employment (Jersey) Law 2003 (the ‘Employment Law’) provides that the Minister may, by Order, approve any code of practice for the purposes of the Employment Law, subject to having met the requirements set out in Article 2A. Those requirements have been met, as follows: (a) The Minister must place a notice in the Jersey Gazette inviting persons to inspect and make representations on the code of practice. A notice was placed on 12 September 2013. (b) The Minister must consult with – (i) the Employment Forum. The Forum’s recommendation to the Minister was presented as a report to the States on 6 August 2013 (R.98/2013. MD-S-2013-0071) (ii) the Jersey Advisory and Conciliation Service and such persons, or representatives of such persons, as the Minister considers will be affected. A white paper was circulated and presented as a Report to the States on 10 September 2013 (R.109/2013. MD-S-2013-0085) Having considered the comments received during consultation, the Minister presented a Report to the States on 14 January 2014 (R.3/2014) which included a summary of the consultation responses and the code of practice (MD-S-2014-0005). The Minister is satisfied that the improved code of practice will help employers and employees to deal with discipline and grievance matters in a fair and reasonable way. The code of practice will take effect from 1 April 2014 when the Order comes into force.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to notify the Greffier of the States and the Law Draftsman that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication and archiving.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey) Order 2014

ACCOMPANYING REPORT

Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey) Order 2014

The purpose of the Disciplinary and Grievance Procedures code of practice is to help employers and employees in businesses of all sizes to deal with matters relating to discipline and grievance in a fair and appropriate way.

Article 2A of the Employment (Jersey) Law 2003 (the ‘Employment Law’) provides that the Minister may, by Order, approve any code of practice for the purposes of the Employment Law, subject to having met the requirements set out in Article 2A. Those requirements have been met, as follows:

(a) The Minister must place a notice in the Jersey Gazette inviting persons to inspect and make representations on the code of practice. A notice was placed on 12 September 2013.

(b) The Minister must consult with –

(i) the Employment Forum. The Forum’s recommendation to the Minister was presented as a Report to the States on 6 August 2013 (R.98/2013)

(ii) the Jersey Advisory and Conciliation Service and such persons, or representatives of such persons, as the Minister considers will be affected. A white paper was circulated and presented as a Report to the States on 10 September 2013 (R.109/2013)

Having considered the comments received during consultation, the Minister presented a Report to the States on 14 January 2014 (R.3/2014) which included a summary of the consultation responses and the code of practice.

The Minister considers that the revised code of practice is a great improvement. The simplified procedure provides sufficient flexibility for businesses of all sizes and is expected to make it easier for business to take appropriate steps to provide a fair disciplinary and grievance procedure.

Article 2A of the Employment Law provides that a code of practice shall not come into force until 28 days after the Order is laid before the States. The code of practice will take effect from 1 April 2014 when the Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey) Order 2014 comes into force.