Government of Jersey

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A decision made (29/09/2006) regarding Amendment to the Employment Tribunal (Jersey) Regulations 2005, to review the remuneration of the Chairman and Deputy Chair of the Jersey Employment Tribunal.

Subject:	Amendment to the Employment Tribunal (Jersey) Regulations 2005, to review the remuneration of the Chairman and Deputy Chair of the Jersey Employment Tribunal
Decision Reference:	MD-S-2006-0060		Exempt clause(s):	public
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Amendment to the Employment Tribunal (Jersey) Regulations 2005
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): To submit law drafting instructions for the drafting of an amendment to the Employment Tribunal (Jersey) Regulations 2005 to review and set the daily sitting rate for the Chairman and Deputy Chair of the Employment Tribunal, plus two supplementary amendments regarding the appointment of Tribunal members.
Reason(s) for decision: The Minister approved a request from the Chairman of the Employment Tribunal to increase the rates of remuneration of the Chairman and Deputy Chair, in line with the daily sitting rate of Commissioners of the Royal Court, and also to amend the manner in which the Deputy Chair’s remuneration is paid proportionately to the Chairman’s rate. Two additional amendments have been discussed previously; the Appointments Commission’s role in the appointment of Tribunal members and the limit on the number of Tribunal members that may be appointed. The Minister wishes to take this opportunity to make the required amendments to address the concerns raised.
Action required: Minister to approve the law drafting instructions for the drafting of the required amendments.
Signature: Senator Paul Routier- Minister		Date of Decision: 29 September 2006

Jersey Employment Tribunal - Review of remuneration of the Chairman and Deputy Chair.

LAW DRAFTING BRIEF FOR AN AMENDMENT TO THE

EMPLOYMENT TRIBUNAL ( JERSEY ) REGULATIONS 2005

BACKGROUND

The Social Security Minister received the following two requests from Advocate David Le Quesne, Chairman of the Jersey Employment Tribunal;

1. That the remuneration of the Chairman and Deputy Chair of the Employment Tribunal be linked to the rate for the Commissioner’s of the Royal Court, so that when the Commissioner’s rate is increased, the rates for the Chairman and Deputy Chair of the Tribunal are also increased.

When the Tribunal Regulations came into force in July 2005, the Chairman’s remuneration rate (£686 per daily sitting) matched that of the Commissioners of the Royal Court. The Tribunal rates have not been increased since that time, however the Commissioner’s rate has been increased by Order and currently stands at £713 per daily sitting (from 1st April 2006).

The Royal Court (Remuneration of Commissioners) (Jersey) Order 2006 brings into effect a daily rate of £736, from 1st November 2006 and the Minister recommends that this rate is used as a starting point for regular increases in future.

2. That the rate payable for the Deputy Chair should be increased from 50% to 75% of the Chairman’s rate to reflect the division of duties. Although it had been anticipated that the Chairman would take the more complex cases, this has not been the case. It has proved impossible to allocate cases in this way and it was not considered appropriate to do so. Although the Chairman has more experience and has the final decision in certain matters, there is no distinction in their roles as far as the type of case is concerned.

The Minister was conscious that the hearing of Tribunal cases has been divided differently between the Chairman and the Deputy Chair than had been anticipated and is grateful for the increased responsibility and workload that Deputy Chair has taken on. The Minister therefore approves the request.

THE AMENDMENTS

To give effect to these changes, an amendment will be required to Article 6(1) of the Employment Tribunal (Jersey) Regulations 2005.

The preferred option would be for an amendment to allow the Chairman’s remuneration to be increased automatically in line with any increases in the Commissioners’ rate.

Previous law drafting advice has indicated that it is inappropriate for increases in the rates provided by the Employment Tribunal Regulations to refer directly to rates provided by Order for the remuneration of Commissioner’s of the Royal Court. Further law drafting advice is therefore required as to how best to achieve this link.

Article 82 (2)(e) of the Employment Law provides that Regulations may be made for the remuneration and reimbursement of expenses of members of the Tribunal, however it might be possible to provide in the Regulations that Orders may be made to increase the rate of remuneration in future (as with the Minimum Wage Regulations, which provide that the Minimum wage may be set by Order).

Alternatively, they might be a particular method or index by which new rates are agreed for Commissioners of the Royal Court, which could be replicated in the Tribunal Regulations.

The amendment must also reflect the increase in the Deputy Chair’s daily rate, from 50% to 75% of the Chairman’s daily rate.

Supplementary drafting instructions

Role of Appointments Commission

In the course of amending the regulations, the Minister wishes to take the opportunity to make a further amendment to correct a technicality, so that the Regulations will more accurately reflect the Appointments Commission’s role in the process of appointing members to the Employment Tribunal.

Article 3 of the Regulations currently provides that members are appointed by the States on the recommendation of the Jersey Appointments Commission, and that before making a recommendation, the Appointments Commission will consult the Social Security Minister.

The Appointments Commission's remit is to ensure that appointments to the public service and public bodies are properly made. Its focus is on the propriety and fairness of recruitment processes and whilst it is often required to participate with employers in the definition and advertising of posts and the selection of candidates, it does not on its own recommend individuals.

To more accurately reflect the process, the Chairman of the Appointments Commission has advised that this should be reversed, so that the Minister makes recommendations about appointments, after consulting with the Appointments Commission.

Pool of Tribunal members

The Tribunal Regulations place limits on the number of people who may be appointed as Tribunal members; being not fewer than 2 and not more than 6 members each of employee and employer representatives (a total of 12). The Tribunal Secretary has experienced some difficulty in forming a panel of three members to hear cases due to limits on members’ availability and conflicts of interest often occurring. This has raised concerns as to whether members can be adequately rotated for hearings.

The Minister wishes to provide more flexibility by increasing the maximum number of members that may be appointed in each pool of side members from six to eight, in order to allow the Tribunal to appoint new members as necessary.