Jersey: Employment Update July 2015 - Family Friendly Rights And Sex Discrimination

Last Updated: 28 July 2015
Article by Michael Little and Daniel Read

Most Read Contributor in Jersey, September 2018

Family Friendly Rights

On 1 September 2015 statutory provisions will come into force, for the first time in Jersey, which grant employees family friendly rights including maternity leave, paternity leave and the right to request flexible working. These family friendly rights will come into effect at the same time as sex discrimination legislation.  This follows on from the implementation of race discrimination last year.

The key points are:

Maternity & Adoption Leave:

  • All employees will be entitled to 8 weeks' maternity or adoption leave, regardless of length of service;
  • Employees with over 15 months' service will be entitled to an additional 10 weeks' maternity or adoption leave;
  • For maternity (but not adoption) leave employers will incur a direct financial cost of 2 weeks' full maternity pay, which must be paid at the employee's normal contractual salary.  Thereafter any maternity leave is unpaid.  However, an employer will be able to deduct the full amount of the statutory maternity allowance, from the 2 weeks' maternity pay, whether the employee qualifies for the statutory allowance or not.

An interesting practical point arises in relation to adoption leave, because the law does not specify which parent has to take adoption leave. A couple can elect which person will be the carer, regardless of sex, and take adoption leave, and which parent will take the shorter parental leave. However, both adoptive parents cannot each take adoption leave. Employers will need to ensure that their maternity and adoption leave policy makes sufficient provision for an employee to certify the type of leave they and their partner are taking, particularly where their partner works for a different employer.

Parental Leave:

  • A partner with parental responsibility for a child can take 2 weeks' unpaid parental leave within 8 weeks of the birth of or adoption of the child.  This is similar to paternity leave in the UK, but it is open to all partners including those in civil partnerships.  It is not limited to men and it is available to any partner who is not taking maternity or adoption leave.

Flexible Working:

  • All employees with at least 15 months' service and with parental responsibility for a person can request flexible working which may include a change of hours. Employers do not need to agree to a request, but any refusal must be based on one of the statutory grounds, which include situations where: granting the request would have a detrimental effect on the employer's ability to meet customer demand or on the quality or performance of the employer's business or planned staffing changes; where the employer would be unable to re-organize work among existing staff or recruit additional staff; where there would be insufficient work for the employee to do during the periods the employee proposes to work; or if the employee will be entitled to financial benefit (other than a benefit granted from the States) for the provision of care to the person.

Comment: Such rights are common outside of Jersey.  Our view is that, if viewed with an open mind, Family Friendly Rights provide employers with the opportunity to incentivise and support their work force.  If employers are flexible over the rights, then they can use them to manage their workforce effectively.

Sex Discrimination

The Discrimination (Jersey) Law 2013 will also be amended with effect from 1 September 2015 to prohibit discrimination on the grounds of:

  • Sex;
  • Gender reassignment; or
  • Sexual orientation.

The provisions in relation to breastfeeding generated significant publicity earlier this year, in light of late amendments introduced in the States Assembly. These amendments removed the upper age limit so that parents can elect to continue breastfeeding without risk of discrimination for as long as they deem it is appropriate. The outcome is that it will be unlawful to directly discriminate against a woman because she is breastfeeding, which applies equally to the workplace and outside of work. It remains to be seen how this will work in practice in the workplace, and it may be that early challenges are brought under a request for flexible working and the discrimination law.

However the most interesting elements of the amended law are provisions that allow for positive discrimination if it is a proportionate way of achieving a legitimate aim. For instance, the Royal Court or the Employment and Discrimination Tribunal will be able to excuse potentially discriminatory behaviour if its purpose or object is to reduce inequality in the work place. However the provisions do not allow employers to positively discriminate when choosing who to recruit or who to promote.

Comment: The discrimination landscape is becoming much more complicated with the implementation of provisions to cover these additional protected characteristics. Employers need to take care to ensure that they have policies and procedures in place to deal with these provisions.

If you have any concerns or require any assistance ahead of the 1 September 2015, please contact Ogier's Employment Team.

Ogier was retained by the Scrutiny Panel to review and report upon the Draft Family Friendly Rights.  This report may be made available by the Scrutiny Panel in the future.

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

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

Similar Articles
Relevancy Powered by MondaqAI
Collas Crill Jersey
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Collas Crill Jersey
Related Articles
Up-coming Events Search
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
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 (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

To Use 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.


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.


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