The evolution of employment law in Jersey does not look
to be slowing down in 2012, with the registration in the Royal
Court of two further amendments (Amendment 6 & 7) to the
Island's principal employment legislation, the Employment
(Jersey) Law 2003 (the "Law"), on 6th January 2012, and
amendments to the Island's minimum wage soon to be in
Employment (Amendment No. 6) (Jersey) La w 2012
Previously, a statutory redundancy payment was not available to
those who worked less than 8 hours a week. Article 60B of the Law
has been amended to remove this restriction (save that the employee
must still have 2 years' continuous service). It is understood
that the intention was to avoid issues of indirect sex
discrimination that might arise if employees who are contracted to
work for less than 8 hours per week are excluded from protection.
The amendment also provides for a new methodology to calculate an
employee's period of employment (primarily that the amount of
hours worked is now not a relevant consideration in relation to
Until now, the Law erroneously provided that an employee who is
made a reasonable offer of the same or similar, suitable employment
to start within 4 weeks of termination (due to redundancy) is free
to refuse and take a redundancy payment. The relevant article has
been amended so that an employee who is made a reasonable offer of
the same, or similar, suitable employment to start within 4 weeks
is not entitled to a redundancy payment, in accordance with the
Minister's original intention.
Further amendments in relation to collective consultation
requirements (where an employer proposes to make a number of
employees redundancy) and protective awards have been
Employment (Amendment No. 7) (Jersey) La w 2012
Although Article 60B of the Law was amended in Amendment 6,
further amendment was deemed necessary to be incorporated in
Amendment 7 (which substitutes Article 60B in its entirety rather
than bringing into force Article 60B as substituted by Amendment
6). Aside from the removal of the 8 hour restriction discussed
above, the substituted Article 60B also makes a change in relation
to fixed term contracts.
Under Article 57 of the principal Law a person working under a
fixed term contract is treated as being continuously employed if he
or she works under another fixed term contract and the interval
between the two contracts is not more than 26 weeks. Under the
substituted Article 60B that interval is reduced to not more than 9
Of particular note is the insertion of a new provision which
means that if an employee has a received a redundancy payment and
then the employee enters into a new contract of employment, the
continuity of employment is deemed to have been broken.
The Law was amended last year to allow a person who is served
with a notice of redundancy to take time off to seek alternative
employment. This right has now been limited to instances where an
employee who is employed under a fixed term contract of one year or
less unless such employee was previously employed under another
fixed term contract of one year or less by the same employer and
the interval between the two contracts of employment was not more
than 9 weeks.
Further amendments in relation to the calculation of a
week's pay and collective consultation requirements have been
Minimum wage review
With effect from 1 April 2012, the Minimum wage rates and the
offsets in Jersey will increase to:
Minimum wage: £6.48 (currently
Maximum offset accommodation: £70.94
Maximum offset accommodation & food:
£94.58 (currently £92.27)
Trainee rate: £4.86 (currently
Maximum offset accommodation: £53.21
Maximum offset accommodation & food:
£70.94 (currently £92.27)
Please note that the offsets that can be applied to the trainee
rate have been reduced to 75% of that agreed for the full minimum
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On 1 January 2017 the Financial Services Rule Book 2016 comes into operation. With this will be the requirement on all Isle of Man licence holders to establish, implement and maintain an effective whistleblowing policy.
The Ministry of Human Resources has recently issued a string of new ministerial resolutions and decrees designed to address gaps in the employment regulatory framework and reinforce existing legislation...
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