Jersey: Insolvency Payments Scheme

Last Updated: 8 June 2010
Article by Appleby  

On 3 December 2009, Jersey's Social Security Minister published a white paper detailing a new statutory insolvency payments scheme (the "Scheme") intended to provide Islanders with a degree of protection and financial security similar to that prevailing in the UK and the Isle of Man.

The proposed changes to the existing social security legislation are in line with the stated aim of the States of Jersey (the Island's parliament) to provide support to the community during the current economic downturn. The intention of the Scheme is to ensure that employees receive at least a proportion of the moneys owed to them, by an insolvent former employer, and thereby mitigate the hardship which the immediate and unexpected loss of employment may cause.

The proposed Scheme, if brought into force, will be based largely on the temporary insolvency scheme already in place. The current temporary scheme only provides compensation for unpaid statutory notice periods, whereas the proposed statute-based Scheme would cover a range of other payments and statutory entitlements owed to employees.

Qualifying Criteria for Payments

Under the proposed Scheme individuals will be entitled to claim payments from a statutory insolvency fund, including work and holiday pay owed, statutory notice pay and statutory redundancy payments. However in order to make a claim potential claimants must meet the following five qualifying criteria:

  1. the claimant's employment with the insolvent employer must have ended due to the employer's insolvency;
  2. only claimants employed either wholly or mainly within the Island of Jersey are entitled to make a claim;
  3. the Social Security Department must have received, or be due to receive, Class 1 contributions from the relevant employer in respect of the claimant in the quarter immediately prior to insolvency;
  4. claimants must be employees as defined by the Employment (Jersey) Law 2003 (the "Employment Law"); and
  5. the employer must be formally insolvent (i.e. formal and/or legal insolvency proceedings must have been initiated).

Payments made to employees under the Scheme will be capped at a maximum of £10,000, in line with the upper limit of awards made by the Jersey Employment Tribunal. Also in line with awards made by the Jersey Employment Tribunal the payments would be made gross (i.e. the claimant would still have to account to the relevant authorities for Income Tax and Social Security). Employees may claim "wages" (as defined by the Employment Law). Wages can include basic pay, commission, overtime, bonuses, pay for any part of a notice period worked, but for which an employee has not been paid, and wages owed for statutory time off (e.g. to act as an employee representative). Pay in lieu of annual leave and public and bank holidays (where not included in the total contractual holiday entitlement) for the twelve months prior to the termination of employment may also be claimed.

Social Security Contribution Rates

In order to fund the Scheme, Class 1 employer social security contribution rates will be increased by 0.032 per cent. Schemes operated in the UK and the Isle of Man are based on national insurance which is funded from a number of sources, namely employers, employees, the self employed and interest from investments. In contrast, the States of Jersey contend that an additional annual levy solely on employers is justified because many of the costs involved (wages, redundancy pay etc) are the responsibility of employers. At present the funding requirement is estimated to be £350,000 per year to include 5 per cent administration costs.

The Social Security Department will be responsible for administering, monitoring and general handling of claims in conjunction with the Viscount's Department. Furthermore, under the Scheme, the claimant will have to assign their rights as a creditor in the underlying insolvency to the States. Thus, the States will act as a creditor in the insolvency of the employer when pursuing the assigned claim and take its share of any remaining assets of the insolvent company when distributed amongst its creditors. This should give the States the opportunity to recover some of the moneys paid out under the Scheme.

Eligible claimants will have to submit a payment claim to the Social Security Department within 40 days of the termination of their employment with the insolvent employer. Under the Scheme claimants will have the opportunity to appeal both their entitlement to payment and the value of payment by making a written request to the Social Security Department.

The introduction of a form of insolvency scheme was first mooted in the States in 1993, but it has taken the current economic downturn to focus peoples' minds. The public consultation period closed on 5 February 2010 and few would now bet against draft legislation to implement the Scheme being introduced before the year is out.

This article first appeared in the winter 2009/10 issue of Appleby Jersey's Finance newsletter.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions