From 1 September 2015, all employees in Jersey will be given a
right to ask their employer for "flexible
working" in certain circumstances.
The changes are being introduced alongside a package of other
reforms under the general heading of "family friendly
Various enhanced rights for pregnant women, including rights to
paid time off to attend ante-natal appointments, compulsory 2 week
maternity leave at full pay immediately following childbirth and a
right to take up to an additional 16 weeks' maternity leave
(limited to 6 weeks for employees with less than 15 months'
Parental leave for fathers or women other than a child's
mother who expect to have parental responsibility for the child (2
weeks unpaid leave, with no minimum service requirement);
Adoption leave – up to 18 weeks' unpaid leave for one
parent (8 weeks only for employees with less than 15 months'
service) and 2 weeks' unpaid leave for the other parent
Protection against detriment or dismissal on the ground of the
exercise of any of the above rights or the right to request
The policy objective underlying all of this legilsation is to
make it easier for working parents to juggle work commitments with
It is also expected that the Discrimination (Jersey) Law 2014
will be extended to prohibit discirimination on the grounds of
gender at the same time.
The right to request flexible working will come into effect as a
new Part 3A of the Employment (Jersey) Law 2003.
The right itself is procedural rather than substantive –
it is a right granted to an employee simply to request a
contractual variation to that employee's terms of employment in
one of three areas:
The hours the employee is required to work;
The times when the employee is required to work; or
The place where the employee is required to work.
The statute sets out a prescribed process which the employer
must follow in considering the employee's request, as shown in
the diagram below.
The right is only available to employees with 15 months'
service. Employees without the qualifying period of service, agency
workers, self employed contractors and (probably) workers on
zero-hours contracts will not be covered. Each employee may not
make a subseqent request within 12 months of a previous
If the employer accedes to the employee's request, it must
simply write to the employee within the relevant time limit,
communicating its decision and informing the employee of the date
from which the changes take effect.
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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