Government of Jersey

Information about the publication of Ministerial Decisions

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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
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A decision made (01/04/2009) regarding: States Employment Board - Annual Report 2008.

Decision Reference: MD-C-2009-0025
Decision Summary Title :	States Employment Board Annual Report 2008		Date of Decision Summary:	27 March 2009
Decision Summary Author:	Head of Employee Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: States Employment Board – Annual Report, 2008
Decision(s): The Chief Minister approved the States Employment Board’s Annual Report for 2008 and requested that it be presented to the States Assembly on or before 31st March 2009.
Reason(s) for Decision: Under Article 11 of The Employment of States of Jersey Employees (Jersey) Law 2005, the States Employment Board is required to produce an Annual Report and to present it to the States. The States Employment Board broadly approved the report on 23rd March 2009 and delegated to the Chief Minister the necessary authority to approve the final draft for presentation.
Resource Implications: None
Action required: Head of Employee Relations to forward the Report to the Greffier of the States and Publications Editor as soon as possible for presentation to the States by the end of March, 2009.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

States Employment Board - Annual Report 2008

States Employment Board

Annual Report

2008

1. The Constitution of the Board and changes made during the year.

1.1 For the main part of 2008, the States Employment Board (The Board) constituted of the following members:-

Senator F.H. Walker, Chief Minister (Chairman)

Senator T.A. Le Sueur, Ministers for Treasury and Resources

Senator M.E. Vibert, Minister for Education, Sport and Culture

Senator F.E. Cohen, Minister for Planning and Environment

Deputy I.J. Gorst, as an Assistant Minister in the Chief Minister’s Department, attended Board meetings.

On 15 December, 2008, the newly appointed Council of Ministers elected to reconstitute the Board as follows:-

Senator T.A. Le Sueur, Chief Minister (Chairman)

Senator P.F.C. Ozouf, Minister for Treasury and Resources

Senator J.L. Perchard, Minister for Health and Social Services

Connétable M.K. Jackson, Minister for Transport and Technical Services

Deputy J.A.N. Le Fondre, as an Assistant Minister in the Chief Minister’s Department, was invited to attend Board meetings.

2. The numbers of meetings held during the year

2.1 In 2008, there were 19 Board meetings of which 5 were conducted by electronic mail / telephone. The Board elected to continue utilizing the service of a Committee Clerk from the States Greffe to prepare an independent record of its proceedings.

3. A summary of the key matters considered by the Board in 2008.

A. Manual Workers’ Joint Council

3.1 The Board recommended to the States that the following persons be appointed on behalf of the States to constitute the Employers’ Side of the Manual Workers’ Joint Council:-

Senator J.L. Perchard

Deputy I.J. Gorst

Mr J.M. Pollard (Chief Officer, Health and Social Services)

Mr J.D. Richardson (Chief Officer, Transport and Technical Services)

These recommendations were approved by the States.

The Constable of St Helier was, in line with the constitution of the Council, appointed by the Comite de Connétables to be the fifth Employers’ Side member of the Council.

The main functions of the Council are the determination of pay and conditions of service and the resolution of grievances and disputes. Given its role as Employer of all States manual workers, the Board also plays a crucial part in these activities and clearly needs to maintain a close relationship with the Council.

B. Pay award negotiations for the period 2008 – 2009

The Board determined a pay policy for all States pay groups for the year 2008 – 2009. The policy, as agreed in the States Business Plan, was that awards should not exceed the Retail Price Index as at March, 2008.

The Board had meetings with the Trade Unions representing both Manual Workers and Teachers on this issue during the year.

C. Introduction of a pay protection policy for employees.

3.7 A new pay protection policy for employees who are down graded through no fault of their own – e.g. in restructurings – was approved by the Board. This will provide time – restricted protection, based on length of service, and will apply to new recruits from 1 February, 2009. Employees employed before that date will continue to benefit from existing agreements and practices.

D. Minimum retirement age for uniformed services personnel (P176 and 177/2008)

3.8 The Board determined that the minimum retirement age for uniformed staff (Police Officers, Prison Officers, Firefighters, Airport Firefighters and Paramedics) was, at age 50, too low, and proposed to increase this to age 55. In arriving at this view the Board was influenced by three factors:-

increasing longevity in the population generally and the need in time to raise retirement ages for all;
In the UK, the minimum retirement ages for Police Officers and Firefighters has been raised to age 55;
In his report in 2008 on pensions, the Comptroller and Auditor General had advised that the States should not allow its staff pensions schemes to get out of sync with the UK public sector schemes.

The revisions to the scheme, applying to new recruits from 1 March 2009 only, were approved by the States in January, 2009.

E . Pensions

The board gave detailed consideration with its actuary to proposals from the Committee of Management of the Public Employees’ Contributory Retirement Scheme for restructuring the funding methodology for valuations of the scheme. These considerations have extended into 2009.

F. Employee Engagement in political activity (P22/2008)

The Board successfully asked the States to amend the Employment of States of Jersey Employees’ Regulations (2005) and the States of Jersey Law to enable certain classes of States employee (representing by far the majority of the workforce) to take part in political activities in the island, including standing for election to the States as either Senator, Connétable or Deputy.

These revisions to the appropriate Law and regulations were completed by April, 2008 – well in time for the 2008 States’ elections.

G. Ongoing monitoring of staff suspensions and related policy matters.

In May 2006, the Chief Minister issued to States‘ Members a copy of the guidelines which the Board had issued to States Departments on how staff suspensions should be effected, managed and monitored. The Board received and considered two bi-annual reports from the Human Resources Department updating it on all staff suspensions during 2008.

H. Independent Inquiry into Human Resources’ policies and procedures in relation to disciplinary matters.

Following an unfair dismissal application to the Jersey Employment Tribunal, which was “settled out of court” by the parties part way through the Tribunal hearing, the Board appointed an eminent Professor in Employment Law, and previous Employment Tribunal Chairman in the UK (Professor Robert Upex) to conduct an independent inquiry into the circumstances surrounding that case and to make recommendations for improving our Human Resources policies and procedures in the area of staff discipline and dismissal. Professor Upex made a number of recommendations for improving practice, all of which were approved by the Board. The States were informed accordingly and the recommendations are currently being implemented by the Human Resources Department.

I. Endorsement of a report on succession planning (R14/2008)

The Board approved the recommendations of a small group of States Members, supported by the Director of Human Resources, concerning succession planning, and leadership and management development in the public sector. The report was presented to the States on 12 February, 2008.

4. Key Manpower Statistics

Attached at the Appendix are key manpower statistics for 2008.

Appendix – Key Manpower Statistics

Key Manpower Statistics

Headcount

(the number of people actually in post as at 31 December 2008.

6,654

Department	Dec 08 Actual exc multiples in depts
Chief Minister's Department	192
Non Executive Departments	219
Treasury and Resources	239
Economic Development	66
Planning and Environment	119
Transport and Technical Services	551
Health and Social Services	2562
Education, Sport and Culture	1899
Home Affairs	659
Social Security	137
Housing	38
Total	6681
Less multiple appointments across depts	-27
Total reported actual December 2008	6654

J category employees

(the number of employees, as at 31 December 2008, with a J category housing licence.

659 – 10% of headcount. 600 of these 659 are employed in Health and Social Services and Education, Sport and Culture)

Non locally qualified employees

(the number of employees, as at 31 December 2008) non locally qualified under the Regulations of Undertakings Law)

62 – less than 1% of headcount.

Sickness absence

Percentage of total possible days lost to sickness absence

4.12%

Average number of days lost to sickness per employee

9.14 days

Ratio of certified to uncertified absence

37/63

Turnover

The movement in and out of established posts.

Internal movements (between States Departments)

2.9%

External movements (into and out from the States)

12.3%

Total turnover during 2008

15.2%