Employment of
States of Jersey Employees (Jersey) Law 2005
A LAW relating to the establishment
of the States Employment Board, the employment under contract of persons by
that Board on behalf of the States or an administration of the States, the
determination by the Board of the terms and conditions of such contracts of
employment, the establishment of the Appointments Commission to oversee the
appointment of persons to significant public positions and determine procedures
for the appointment of certain persons employed by other persons on behalf of
the States, the regulation of certain political activities of certain
States’ employees, to amend various enactments and for connected
purposes.[1]
Commencement [see endnotes]
PART 1
PRELIMINARY MATTERS
1 Interpretation
In this Law, unless the context otherwise
requires –
“administration of the States” means –
(a) a
department established on behalf of the States; and
(b) a
body, office, or unit of administration, established on behalf of the States
(including under an enactment),
the employees of which are employed by the States Employment Board;
“Chief Executive Officer” has the meaning assigned by
Article 3;
“Commission” means the Jersey Appointments Commission
established by Article 17;
“Commissioner” means a person appointed under Article 18
to be a Commissioner and includes the Chairman of the Commission appointed
under that Article;
“contract of employment” includes a contract of
apprenticeship;
“independent body” means an office, or a Tribunal,
Commission, trust, fund, council, panel, committee, or other body of persons
(apart from the States Employment Board) –
(a) that
is an office or body established or maintained by or on behalf of the States;
and
(b) that
is an office or body –
(i) which employs
persons under contracts of employment, or
(ii) in
relation to which persons are appointed, or elected, on terms and conditions
that are determined otherwise than in a contract of employment (whether or not
other persons also hold the office, or are also appointed or elected to the
body, under terms and conditions that are determined in a contract of
employment);
“member”, in relation to the States Employment Board,
means any of the persons who constitute the Board under Article 5;
“ordinary election” means an ordinary election for
Deputies held under Article 6(2) of the States of Jersey
Law 2005;
“public service” means the service consisting of
States’ employees;
“recruitment” includes, but is not limited to
including –
(a) the
determination of the duties, responsibilities and pre-requisites for employment
or appointment as the holder of an office;
(b) the
determination of the publications in which advertisements seeking applications
for employment or appointment as the holder of an office are to be placed or other methods by which applicants for such employment or
appointment are to be sought, and the timing of placement in such publications
or the use of such methods;
(c) the
timing and conduct of interviews of prospective candidates for employment as
the holder of an office; and
(d) the
selection of a person to be employed or appointed as the holder of an office;
“States’ employee” has the meaning assigned by
Article 2.[2]
2 Meaning
of “States’ employee”
(1) In this Law, unless the
context otherwise requires, “States’ employee”
means –
(a) a
person who is employed under a contract of employment made between the person
and the States Employment Board; and
(b) a
person who is within a class of persons prescribed under paragraph (2),
but does not include a person who is within a class of persons prescribed
under paragraph (3).
(2) The Chief Minister may
prescribe by Order a class of persons to be States’ employees for the
purposes of this Law.
(3) The Chief Minister may
prescribe by Order a class of persons to not be States’ employees for the
purposes of this Law.
(4) A person shall not be a
States’ employee for the purposes of this Law if he or she
is –
(a) the
holder of an office specified in Schedule 1;
(b) appointed
by the Crown;
(c) a
member of the States of Jersey Police Force; or
(d) otherwise
an officer of the Crown.[3]
3 Chief
Executive Officer
(1) There shall be a Chief
Executive Officer.
(2) The Chief Executive
Officer shall be the person employed under this Law as the Chief Executive to
the Council of Ministers and Head of the Public Service.
(3) As the Head of the
Public Service, the Chief Executive Officer shall lead chief officers
in –
(a) the
administration and general management of the public service; and
(b) the
implementation of corporate and strategic policies.[4]
(4) In so leading chief
officers, the Chief Executive Officer shall have the power –
(a) to
require a chief officer to account for the matters in paragraph (3)(a) and
(b), so far as the Ministerial department for which he or she is the chief
officer is responsible for them; and
(b) to
direct a chief officer as to the duties to be undertaken by him or her in the
course of his or her employment as a States’ employee.[5]
(5) The powers in paragraph (4) –
(a) do
not override a chief officer’s accountability under –
(i) deleted
(ii) Article 39
of the Public Finances (Jersey)
Law 2019, or
(iii) Article 10A
of this Law; and
(b) cannot
be used to direct or seek to influence a chief officer –
(i) in the discharge
of a function delegated to him or her by a Minister, or
(ii) in
the discharge of a function imposed on him or her by any enactment.[6]
(6) In this
Article –
“chief officer” means the senior States’ employee
in a Ministerial department;
“Ministerial department” means an administration of the
States for which a Minister is assigned responsibility.[7]
PART 2
STATES EMPLOYMENT BOARD
4 States
Employment Board
(1) The States Employment
Board shall be established.
(2) The States Employment
Board shall be a body corporate with perpetual succession and may –
(a) sue
and be sued in its corporate name; and
(b) so
far is as possible for a body corporate, exercise the rights, powers and
privileges and incur the liabilities and obligations of a natural person of
full age and capacity.
5 Membership
of States Employment Board
(1) The States Employment
Board shall be constituted by –
(a) the
Chief Minister, or another Minister who is nominated by the Chief Minister to
be a member of the Board in his or her place;
(b) 2
other persons, each of whom –
(i) is a Minister or
an Assistant Minister, and
(ii) is
appointed in writing by the Chief Minister to be a member of the Board; and
(c) 2
elected members of the States, each of whom –
(i) is neither a
Minister nor an Assistant Minister, and
(ii) is
elected by the States to be a member of the Board.[8]
(2) The Chief Minister or,
if the Chief Minister nominates a person under paragraph (1) to be a
member of the Board in his or her place, that person, shall be the Chairman of
the States Employment Board.
(3) A member of the States
Employment Board shall hold office until a Chief Minister is appointed to
office, under Article 19(7) of the States of Jersey
Law 2005, following the next ordinary election, unless the member of the
Board resigns or is removed from office earlier.[9]
6 Meetings
of States Employment Board
(1) At a meeting of the
States Employment Board –
(a) the
States Employment Board may appoint a person to be the Vice-Chairman;
(b) the quorum
of the States Employment Board shall be constituted by 3 of its members;
(c) the
Chairman, or, in the absence of the Chairman, the Vice-Chairman, or in the
absence of both the Chairman and the Vice-Chairman, another member of the
States Employment Board who is present at the meeting and is elected by the
members of the States Employment Board who are present, shall preside;
(d) each
member shall have one vote on each matter for deliberation;
(e) a
decision shall be made by a majority of the votes of the members of the States
Employment Board present at the meeting at which the decision is made; and
(f) if
a vote is tied, it shall be taken to have been lost.[10]
(2) A resolution shall be a
valid resolution of the States Employment Board, even though it was not passed
at a meeting of the States Employment Board, if –
(a) it is
signed or assented to by a majority of the members of the States Employment
Board; and
(b) notice
of the proposed resolution was given in accordance with paragraph (6) to
all the members of the States Employment Board.
(3) The States Employment
Board shall keep minutes of its proceedings.
(4) The States Employment
Board shall meet when convened by the Chairman.
(5) The
Chairman –
(a) may
convene a meeting of the States Employment Board of his or her own motion; and
(b) shall
convene a meeting of the States Employment Board if requested to do so by
notice in writing signed by at least one of the members of the States
Employment Board.
(6) Subject to this Law,
the States Employment Board may regulate its own proceedings (including the
period of notice to be given of any meeting of the Board) and may adopt or
amend rules for that purpose.
(7) The States Employment
Board may invite any person to attend, and to speak at, a meeting of the States
Employment Board.
6A Advisors
to States Employment Board[11]
(1) The States Employment
Board may appoint one or 2 advisors.
(2) An appointment shall be
on such terms as the States Employment Board determines, but shall end upon the
Chief Minister being appointed to office, under Article 19(7) of the States of Jersey Law 2005, following the next ordinary
election, unless the advisor resigns or is removed from office earlier.
(3) An advisor has the
right to attend and speak at a meeting of the States Employment Board.
(4) The Chairman shall
convene a meeting of the States Employment Board if requested to do so by
notice in writing signed by an advisor.
7 Liability
(1) No person to whom this
Article applies shall be liable in damages for anything done or omitted in the
discharge of any functions under this Law, unless –
(a) it is
shown that the act or omission was in bad faith; or
(b) liability
arises in respect of an act or omission that is unlawful as a result of Article 7(1)
of the Human Rights (Jersey)
Law 2000 (acts of public authorities incompatible with Convention rights).[12]
(2) This Article applies to
the States Employment Board, any member of the States Employment Board, any
advisor to the States Employment Board, or any person who is under this Law a
delegate of the States Employment Board or the Chief Executive Officer or
otherwise acting with the authority of the States Employment Board.[13]
part 3
EMPLOYMENT OF MEMBERS OF
PUBLIC SERVICE
8 Functions
of States Employment Board[14]
(1) The States Employment
Board shall –
(a) employ
persons on behalf of the States and administrations of the States;
(b) ensure
that the public service conducts itself with economy, efficiency, probity and
effectiveness;
(c) ensure
the health, safety and well-being of States’ employees;
(d) determine
any other matter that may reasonably be considered necessary for the proper
administration and management of States’ employees; and
(e) discharge
any other function conferred on it by or under any enactment.
(2) The States Employment
Board shall, for the purpose of the discharge of the functions described in
paragraph (1)(a) to (c) –
(a) give
directions regarding consultation or negotiation with States’ employees,
or with representatives of States’ employees, concerning the terms and
conditions of employment of States’ employees;
(b) issue
codes of practice concerning –
(i) the training and
development needs of States’ employees,
(ii) the
procedures for recruitment of States’ employees,
(iii) the
procedures for appraisal of the performance of States’ employees,
(iv) the
procedures for disciplining, suspending and terminating the employment of
States’ employees, and
(v) interventions by the
Commission under Article 26A.
(3) The States Employment
Board may issue codes of practice concerning any other matter relating to the
employment of States’ employees.
(4) In paragraph (2)(b)(ii),
“States’ employees” includes a person who is to be treated as
a States employee by virtue of Article 15(2).
(5) The functions referred
to in paragraph (1)(e) include the functions conferred by Article 8(1)
of the Departments of the Judiciary
and the Legislature (Jersey) Law 1965, Article 3 of the Loi (1864) concernant la charge
de Juge d’Instruction and Article 41(5) of the States of Jersey Law 2005.
9 Powers
of States Employment Board
(1) The States Employment
Board has the powers necessary to perform its functions.
(2) Without limiting the
generality of paragraph (1), the States Employment Board has the power to
enter into contracts of employment of persons and to enter into contracts for
the provision of services, including by consultants.
10 Delegation
(1) The States Employment
Board may, by instrument in writing, delegate to any of its members, or to the
Chief Executive Officer, any of its powers or functions under this Law.
(2) If a power or function
has been delegated under paragraph (1) to a member of the States
Employment Board, the member may, with the approval of the States Employment
Board, delegate by instrument in writing the power or function to the Chief
Executive Officer.
(3) If a power or function
has been delegated under paragraph (1) or (2) to the Chief Executive
Officer, he or she may, with the approval of the States Employment Board,
delegate by instrument in writing the power or function to another person
who is –
(a) a
person approved by the States Employment Board; or
(b) a
member of a class of persons approved by the States Employment Board.
10A Compliance
with codes of practice concerning States’ employees[15]
(1) The accountable officer
in a States body (including a non-Ministerial States body) shall be accountable
for ensuring that codes of practice issued under Article 8 are complied
with in the recruitment and employment of States’ employees to work
within that body.[16]
(2) Any person to whom a
power or function is delegated under Article 10 shall, when exercising the
power or discharging the function, comply with codes of practice issued under
Article 8.
(3) In this Article, “accountable officer”, “States
body” and “non-Ministerial States body” have the same
meanings as in the Public Finances (Jersey)
Law 2019.[17]
11 Annual
Report
The States Employment Board shall provide to the States, within 3 months
after the end of each calendar year, a report in respect of the States
Employment Board’s activities under this Law during the year.
12 Only
States Employment Board to employ persons on behalf of States
(1) Subject to any other
enactment, whether in force before or after this Law comes into force, no
person or body other than the States Employment Board may enter into contracts
of employment with persons on behalf of the States or an administration of the
States.
(2) The States may, by Regulation,
specify that paragraph (1) shall not apply in relation to the employment
of a person or persons to an office, or a class of offices, prescribed by the
Regulation.
13 Statutory
offices
Nothing in this Law apart from Part 5 shall be taken to affect
a power, if any, under an enactment of the States to appoint a person to an
office or to terminate under such an enactment the appointment of a person to
an office, including but not limited to an office specified in Schedule 1.[18]
PART 4
JERSEY APPOINTMENTS
COMMISSION
Application of Part
14 Interpretation
In this Part –
“former Appointments Commission” means the Appointments
Commission established by Act of the States on 28th May 2002;
“senior States’ office” means an office listed
under Article 16(1);
“States’ appointee” means a person who is, by
virtue of Article 15(4), a States’ appointee;
“States’ employee” includes an employee who is, by
virtue of Article 15(2), to be treated as a States’ employee.[19]
15 Extension of Part 4
to independent bodies[20]
(1) The States Employment
Board and the Commission may, for the purposes of paragraph (2), agree a
list of offices, or classes of office, being offices in which persons are
employed by independent bodies.
(2) A person employed in an
office, or class of office, listed under paragraph (1) is, for the
purposes of this Part, to be treated as a States’ employee.
(3) The States Employment
Board and the Commission may, for the purposes of paragraph (4), agree a
list of offices, or classes of office, being offices to which persons are
appointed or elected in or with independent bodies.
(4) A person appointed or
elected to an office, or class of office, listed under paragraph (3) is,
for the purposes of this Part, a States’ appointee.
(5) If the States
Employment Board and the Commission cannot agree a list under paragraph (1)
or (3), the opinion of the States Employment Board shall prevail.
(6) The States Employment
Board shall ensure that a list produced under paragraph (1) or (3) is
available for viewing by any person.
16 Senior
States’ offices[21]
(1) The States Employment
Board and the Commission may agree a list of offices of States’ employees
or States’ appointees, or classes of offices of States’ employees
or States’ appointees, that are to be senior States’ offices for
the purposes of this Part.
(2) A list under paragraph (1)
shall further specify whether, under Article 26, the Commission is
required to observe a recruitment to a senior States’ office or has a
discretion to observe a recruitment to the office.
(3) However, if the States
Employment Board and the Commission cannot agree a list under paragraph (1),
the opinion of the States Employment Board shall prevail.
(4) The States Employment
Board shall ensure that a list produced under paragraph (1) is available
for viewing by any person.
Establishment of Jersey Appointments Commission
17 Jersey
Appointments Commission established
(1) The Jersey Appointments
Commission shall be established.
(2) The Commission shall
consist of –
(a) a
Chairman; and
(b) not
more than 5 other Commissioners,
appointed under Article 18.[22]
(3) The former Appointments
Commission shall cease to exist on and from the date on which this Article
comes into force.
18 Membership
of Commission
(1) Commissioners shall be
appointed by the Chief Minister.[23]
(2) The Chief Minister may
only appoint a person under paragraph (1) with the approval of the States
Employment Board.[24]
(3) The States Employment
Board may only approve a person for the purposes of paragraph (2) if it is
of the opinion that the person has expertise and experience in –
(a) recruitment
within the public or private sectors;
(b) management
at a senior level in the public, private, academic or voluntary sectors; or
(c) other
matters relevant to the powers and functions of a Commissioner.
(3A) Article 2 of the States of Jersey (Appointment
Procedures) (Jersey) Law 2018 shall apply to the appointment of a
Commissioner.[25]
(4) Subject to paragraph (5),
a Commissioner shall not hold office for a period exceeding 9 years
regardless of whether, during the period of holding office, the Commissioner
holds office for a term that is less than 9 years and is re-appointed and
regardless of whether during all or any part of that period the Commissioner
holds office as Chairman.[26]
(5) In exceptional
circumstances, a Commissioner’s appointment (whether or not as Chairman)
may be extended by a period of not more than 12 months beyond the period
of 9 years referred to in paragraph (4) for the purpose of facilitating
a transition period before a replacement is appointed.[27]
(5A) Where paragraph (5) applies,
the total period for which a Commissioner holds office shall not, in any event,
extend beyond a period of 10 years.[28]
(6) A person shall not be
appointed to be a Commissioner if he or she is a member of the States or a
States’ employee.[29]
(7) [30]
(8) [31]
(9) Any period before the
commencement of this Law during which a person was a Commissioner, or the
Chairman, of the former Appointments Commission shall be taken to be a period
of appointment as a Commissioner, or the Chairman, as the case may be, under
this Law.[32]
(10) A Commissioner shall be
appointed on the terms and conditions specified by the States Employment Board.
(11) The remuneration of a
Commissioner shall not be reduced during the period of his or her appointment.
(12) No term or condition of the
appointment of a Commissioner shall be altered during the period of the
appointment without the agreement of the Commissioner.
19 Removal
from office of member of Commission
(1) The Chief Minister may
terminate the appointment of a Commissioner on such grounds as the Chief
Minister thinks fit.[33]
(2) The Commission may
notify the Chief Minister that it is of the opinion that the Chief Minister
should terminate the appointment of a Commissioner because –
(a) the
Commissioner, without reasonable cause and without giving reasonable notice to
the Commission, failed to attend 3 consecutive meetings of the Commission;
(b) the
Commission is of the opinion that the Commissioner is incompetent or incapable
of carrying out the Commissioner’s functions under this Law; or
(c) the
Commission is of the opinion, on reasonable grounds, that the Commissioner is
not capable of exercising independent judgment in relation to the appointment
of States’ employees or States’ appointees.[34]
(3) The Chief Minister
shall inform the States of an opinion of which he or she has been notified
under paragraph (2).
(3A) Article 3 of the States of Jersey (Appointment
Procedures) (Jersey) Law 2018 shall apply to the termination of the
appointment of a Commissioner.[35]
(4) A person shall cease to
hold the office of Commissioner if he or she becomes a member of the States or
a States’ employee.[36]
(5) A Commissioner may, by
notice in writing to the Chief Minister, resign as a Commissioner.
20 Deputy
Chairman and Secretary and Executive Officer of Commission
(1) The Commission shall
appoint one of its members to be the Deputy Chairman, to act as the Chairman in
the absence of the Chairman.
(2) The Commission shall
appoint a person to be the Secretary and Executive Officer of the Commission.
21 Meetings
of the Commission
(1) The Commission shall
meet at least 4 times each year.
(2) At a meeting of the
Commission –
(a) the
quorum shall be constituted by 3 Commissioners;
(b) one
of the Commissioners at the meeting shall be –
(i) the Chairman,
(ii) in
the absence of the Chairman, the Deputy Chairman, or
(iii) in
the absence of the Chairman and the Deputy Chairman, a person nominated at the
meeting to carry out the functions of the Chairman at the meeting;
(c) the
Chairman, or, in the absence of the Chairman, the Deputy-Chairman, or in the
absence of both the Chairman and the Deputy-Chairman, the person nominated
under sub-paragraph (b)(iii), shall preside;
(d) each
Commissioner shall have one vote on each matter for deliberation;
(e) a
decision of the Commission shall be made by a majority of the votes of the
Commissioners present at the meeting at which the decision is made; and
(f) if
a vote is tied, it shall be taken to have been lost.[37]
(3) A decision under
paragraph (2) at a meeting is of no effect unless each Commissioner was given
at least 24 hours prior notice of the meeting of the Commission or all the
Commissioners are present at the meeting.
(4) The Commission may
invite any person to attend at, and to speak at, a meeting of the Commission.
22 Minutes
of meetings of the Commission
(1) The Secretary and
Executive Officer of the Commission shall prepare draft minutes of each meeting
of the Commission and ensure they are laid before the Commission at its next
meeting.
(2) The Commission shall,
at the next meeting of the Commission, adopt minutes of the previous meeting.
(3) The Secretary and
Executive Officer of the Commission shall retain copies of minutes adopted
under paragraph (2) and ensure that the minutes may be examined, on
demand, by a Commissioner.
Powers and function of Commission
23 Function
of Commission
(1) The function of the
Commission is to oversee the recruitment of States’ employees or
States’ appointees so as to ensure that, as far as
practicable –
(a) the
recruitment of persons as States’ employees or States’ appointees
is fair, efficient and conducted in accordance with best practice principles
and procedures;
(b) States’
employees or States’ appointees are appointed on merit;
(c) members
of the States are only involved in the recruitment of States’ employees
in accordance with codes of practice issued under Article 8; and
(d) members
of the States are only involved in the recruitment of States’ appointees
in accordance with guidelines made under Article 24 or otherwise in
circumstances where, in the opinion of the Commission, it is appropriate that
they be involved.[38]
(2) The function in
paragraph (1)(d) is subject to any direction by the States Employment
Board that, in its opinion, it is appropriate for a Minister to participate in
a recruitment of a States appointee.[39]
(3) The Commission may, if
requested by any person or body conducting a recruitment in connection with
which the Commission does not have any functions under this Part, oversee,
observe or participate in the recruitment, on such terms as the Commission
agrees with the requesting person or body.[40]
23A Duty
to advise on preparation of codes of practice for recruitment of States’
employees[41]
(1) The Commission shall
advise the States Employment Board on the preparation of codes of practice
under Article 8 concerning the procedures for recruitment of States’
employees.
(2) The Commission shall
inform the States Employment Board if, in its opinion, a new code of practice
concerning the procedures for recruitment of States’ employees should be
prepared or an existing code of practice for such procedures amended or revoked
under Article 8.
(3) The States Employment
Board shall have regard to advice given under this Article.
24 Guidelines for recruitment of States’ appointees[42]
(1) The Commission shall
from time to time produce and review guidelines that are to apply in relation
to the recruitment of States’ appointees.[43]
(2) Guidelines produced
under paragraph (1) shall contain details as to –
(a) how
recruitment of States’ appointees is to be performed;
(b) the
grounds on which States’ appointees are to be selected; and
(c) the
circumstances in which a member of the States may be involved in the
recruitment of States’ appointees.[44]
(3) The Commission shall
ensure that guidelines produced under paragraph (1) are available for
viewing by any person.
(4) The Commission shall
take all reasonable steps to ensure that guidelines produced under paragraph (1)
are followed in relation to the recruitment of States’ appointees.[45]
25 Audit
of recruitment practices
(1) The Commission shall,
as required by paragraph (1A), carry out, or order to be carried out,
audits of recruitment practices in relation to States’ employees and
States’ appointees.[46]
(1A) Audits shall be carried
out –
(a) of a
sample of recruitments that are representative of the recruitments described in
paragraph (1);
(b) of
recruitments where the Commission has cause to believe that –
(i) codes of practice
issued under Article 8 have not been complied with, or
(ii) guidelines
produced under Article 24 have not been complied with.[47]
(2) The Commission may
require a person to provide information to the Commission, or to another
person, carrying out an audit under paragraph (1).
(3) The Commission shall,
within 3 months of the completion of an audit under paragraph (1) in
relation to States’ employees of an administration of the States, produce
a report in relation to the audit and provide a copy of the report
to –
(a) the
States Employment Board;
(b) the
Chief Executive Officer; and
(c) the
head of the administration of the States.[48]
(4) The Commission shall,
within 3 months of the completion of an audit under paragraph (1) in
relation to States’ employees, or States’ appointees of an
independent body, produce a report in relation to the audit and provide a copy
of the report –
(a) to
the head of the independent body to which the audit relates; and
(b) if an
administration of the States is accountable to the States in relation to the
independent body – to the head of the administration of the States.[49]
(5) A report under paragraph (3)
or (4) may contain recommendations arising from the audit conducted under paragraph (1)
to which the report relates.
(6) A person who fails,
without reasonable excuse, to comply with a requirement under paragraph (2)
commits an offence and shall be liable to a penalty of level 2 on the standard
scale.
26 Recruitment
of persons to senior States’ offices
(1) The
Commission –
(a) shall
give a notice under this paragraph in relation to the recruitment of a person
to a senior States’ office, or an office that is in a class of offices
that are senior States’ offices, where a list under Article 16(1)
requires the Commission to observe a recruitment to the office; and
(b) may
give a notice under this paragraph in relation to the recruitment of a person
to a senior States’ office, or an office that is in a class of offices
that are senior States’ offices, where a list under Article 16(1)
confers a discretion on the Commission to observe a recruitment to the office.[50]
(1A) A notice under paragraph (1)
shall be given to –
(a) the
Chief Executive Officer;
(b) the
head of an administration of the States; or
(c) the
head of an independent body.[51]
(2) A notice under
paragraph (1) shall require the person to whom it is given to give, to a
person nominated by the Commission in the notice to be an observer,
14 days notice before a recruitment to the office commences.[52]
(3) The head of an
administration of the States, or of an independent body, to whom a notice is
given under paragraph (1) shall, unless otherwise advised by the
Commission, ensure that the person nominated in the notice to be an observer is
informed of any meeting taking place relating to the recruitment of a person to
be employed or appointed as the holder of a senior States’ office to
which the notice relates.[53]
(4) A person nominated by
the Commission in a notice under paragraph (1) to be an observer is
entitled to attend any meeting that takes place relating to the recruitment of
a person to be employed or appointed as the holder of a senior States’
office to which the notice relates.[54]
(5) In this paragraph,
“meeting” includes, but is not limited to including –
(a) a
meeting at which persons decide who is to be interviewed or who is to be
employed or appointed as the holder of an office; and
(b) a
meeting at which a candidate for employment or appointment as the holder of an
office is interviewed or assessed following an interview.[55]
26AA Recruitment to the post of
Chief Executive Officer[56]
(1) This Article applies
–
(a) when
a recruitment is carried out for the appointment of a person to the post of
Chief Executive Officer; and
(b) notwithstanding
anything in Article 26 to the contrary.
(2) The States Employment
Board shall require the Commission to nominate a Commissioner or Commissioners
who are to be involved in the recruitment to that post.
(3) The Commissioner or
Commissioners nominated under paragraph (2) shall be involved in
deciding –
(a) which
candidates for recruitment shall be interviewed;
(b) which
candidates following interview have met the required standard for recruitment;
and
(c) which
candidate is to be offered the post.
(4) The States Employment
Board shall nominate a person other than a Commissioner who shall be
responsible for overseeing the recruitment to ensure that –
(a) it is
fair, efficient and conducted in accordance with best practice and principles;
and
(b) the
successful candidate is appointed on merit.
(5) The person nominated
under paragraph (4) shall chair any meeting at which candidates are
interviewed but shall not be involved in deciding any of the matters referred
to in paragraph (3).
26A Power
of intervention in recruitment of States’ employees[57]
(1) The Commission may
intervene in the recruitment, on behalf of the States Employment Board, of
a States’ employee, or States’ employees, if the Commission believes
that any code of practice issued under Article 8(2)(b)(ii) is not being
complied with.
(2) The intervention shall
be in accordance with any code of practice issued under Article 8(2)(b)(v).
(3) The Commission shall
notify the States Employment Board and the administration of the States
conducting the recruitment on behalf of the Board, of its decision to intervene
and the reasons for it.
27 Report
to be made to States Employment Board in certain circumstances
(1) The Commission shall
produce a report, and provide a copy of the report to the States Employment
Board, if the Commission is not satisfied that –
(a) the
recruitment of a States’ employee or States’ appointee was in
accordance with the principles set out in Article 23; or
(b) Article 26
has been complied with.[58]
(2) A report under
paragraph (1) shall set out the reasons why the Commission is dissatisfied
and the facts on which those reasons are based.
28 Reports
(1) The States may direct
the Commission –
(a) to
prepare a report in relation to a matter specified in the direction within the
period specified in the direction; or
(b) to
include in a report for the purposes of paragraph (4) a report in relation
to a matter specified in the direction.
(2) The Commission shall
comply with a direction under paragraph (1).
(3) A report prepared in
accordance with a direction under paragraph (1)(a) shall be delivered to
the States Employment Board.
(4) The Commission shall,
within 3 months after the end of each calendar year, prepare and deliver to the
States Employment Board, a report on –
(a) the
Commission’s activities during that calendar year;
(b) any
matter in relation to which a report has been given under Article 25 or 27
during that calendar year;
(c) any
matter specified in a direction under paragraph (1)(b) to be a matter that
is to be included in the Commission’s report for that calendar year; and
(d) other
matters the Commission thinks fit.
(5) The Chief Minister
shall, within 30 days after a report is delivered to the States Employment
Board in accordance with paragraph (3) or (4), lay the report before the
States.
(6) The Commission may, at
any time, prepare and deliver to the States’ Employment Board a report
upon the recruitment of one or more States’ employees, where the
Commission is of the opinion that a code of practice issued under Article 8(2)(b)(ii)
has not been complied with or that there has been any impropriety in the
recruitment process.[59]
(7) If the Commission is of
the opinion that the States Employment Board has not taken any or appropriate
action in response to a report under paragraph (6) –
(a) the
Commission may request the Chief Minister to lay the report before the States,
together with any addendum subsequently prepared by the Commission; and
(b) the
Chief Minister shall comply with the request within 30 days.[60]
(8) If the States
Employment Board and the Commission cannot agree a list, as described in
Article 15(1) or (3) or Article 16(1) –
(a) the
Commission may prepare a report upon the failure to agree and request the Chief
Minister to lay it before the States; and
(b) the
Chief Minister shall comply with the request within 30 days.[61]
29 States
may direct Commission
(1) The States may direct
the Commission to carry out under this Part any of its functions, or exercise any
of its powers, in relation to –
(a) an
administration of the States specified by the States in the direction; or
(b) an
independent body.
(2) A direction under paragraph (1)
may specify the action that the Commission shall take under this Law.
(3) The Commission shall
comply with a direction of the States under paragraph (1).
PART 5[62]
POLITICAL ACTIVITIES OF STATES’ EMPLOYEES
Interpretative provisions
30 Interpretation[63]
(1) In this Part, unless
the context otherwise requires –
“politically eligible States’ employee” has the
meaning assigned to that expression by Article 31;
“politically ineligible States’ employee” has the
meaning assigned to that expression by Article 31.
(2) In this Part, a
reference to a States’ employee taking public part in a political matter
includes, but is not limited to including, a reference to the employee –
(a) speaking
publicly on a political matter;
(b) writing
letters to newspapers, or writing pamphlets, leaflets or books, in relation to
political matters;
(c) standing
for election as a Deputy or Connétable; or
(d) publicly
supporting any other person standing for election as a Deputy or
Connétable,
but does not include –
(i) taking
part in any activities organized by a trade union; or
(ii) expressing
the legitimate interests of members of a trade union or trade unions, when
acting as a representative of a trade union.[64]
31 Meaning of
“politically eligible States’ employee” and “politically
ineligible States’ employee”[65]
(1) In this Part, a
States’ employee is a politically eligible States’ employee if he
or she –
(a) is a
member of a class of States’ employees specified in Schedule 2;
(b) is a
member of any class of States’ employees not specified in Schedule 2
or 3; or
(c) holds
a position as a States’ employee that is classified under Article 32(2)
as a position occupied by a politically eligible States’ employee.
(2) In this Part, a
States’ employee is a politically ineligible States’ employee if he
or she –
(a) is a
member of a class of States’ employees specified in Schedule 3; or
(b) holds
a position as a States’ employee that is classified under Article 33(2)
as a position occupied by a politically ineligible States’ employee.
(3) In this Part, a person
who is a politically ineligible States’ employee in respect of a position
occupied as a States’ employee shall be a politically ineligible
States’ employee in respect of all positions he or she occupies as a
States’ employee.
Political classification of States’
employees
32 Request by
politically ineligible States’ employee for re-classification of
political status[66]
(1) A States’
employee who is a politically ineligible States’ employee may apply to
the States Employment Board for his or her position as a States’ employee
to be classified as a position occupied by a politically eligible States’
employee.
(2) The States Employment
Board, may, after receiving an application from a States’ employee under paragraph (1)
in relation to a position, classify, or refuse to classify, the position as a
position occupied by a politically eligible States’ employee.
(3) The States Employment
Board may, under paragraph (2), only classify a position as a position
occupied by a politically eligible States’ employee if it is satisfied
that –
(a) the
nature of the information to which the States’ employee has access;
(b) the
degree to which the States’ employee is involved in the determination or
deliberation of policy at a ministerial level;
(c) the
extent, if any, to which the position requires the holder to regularly speak to
members of the public on behalf of a Minister or a department or unit of
administration; and
(d) the
degree of contact that the States’ employee has with elected members of
the States,
are such that to enable the holder of the position to take public
part in any political matter would not inhibit, or appear to inhibit, loyal and
effective service to a Minister or the States.
(4) The Chief Minister
shall notify the States of any classification made by the States Employment
Board under paragraph (2), at the next sittings of the Assembly after the
classification is made.
33 Request by Chief
Officer for re-classification of political status of politically eligible
States’ employee[67]
(1) The Chief Officer of a
department or a unit of administration may apply to the States Employment Board
for the position of a politically eligible States’ employee who is
employed in the department or unit of administration to be classified as a position
occupied by a politically ineligible States’ employee.
(2) The States Employment
Board, may, after receiving an application under paragraph (1) in relation
to a position, classify, or refuse to classify, the position as a position
occupied by a politically ineligible States’ employee.
(3) The States Employment
Board may, under paragraph (2), only classify a position as a position
occupied by a politically ineligible States’ employee if it is satisfied
that –
(a) the
nature of the information to which the States’ employee has access;
(b) the
degree to which the States’ employee is involved in the determination or
deliberation of policy at a ministerial level;
(c) the
extent, if any, to which the position requires the holder to regularly speak to
members of the public on behalf of a Minister or a department or unit of
administration; and
(d) the
degree of contact that the States’ employee has with elected members of
the States,
are such that to enable the holder of the position to take public
part in any political matter may inhibit, or appear to inhibit, loyal and
effective service to a Minister or the States.
(4) The Chief Minister
shall notify the States of any classification made by the States Employment
Board under paragraph (2), at the next sittings of the Assembly after the
classification is made.
Politically eligible States’
employees
34 Political
activities of politically eligible States’ employees[68]
(1) A politically eligible
States’ employee may take public part in any political matter.
(2) However, the States’
Employment Board may, by notice in writing to a States’ employee who is a
politically eligible States’ employee, discipline the employee, or
terminate his or her employment as a States’ employee, if the employee
has engaged in behaviour that constitutes gross misconduct within the meaning
of paragraph (3).
(3) A politically eligible
States’ employee shall be taken to have engaged in behaviour that
constitutes gross misconduct if while he or she is a States’ employee he
or she has, in the course of taking public part in any political matter –
(a) commented
on existing States’ policies in an immoderate manner;
(b) engaged
in personal attacks on members of the States; or
(c) used
for political purposes information that the person was only able to obtain because
the person is a States’ employee.
35 Re-employment of
politically eligible States’ employees[69]
(1) Nothing in this Part,
apart from paragraph (2), shall be taken to prevent the re-employment as a
States’ employee of a person who was a politically eligible States’
employee.
(2) The States Employment
Board may refuse to re-employ as a States’ employee a person who was a
politically eligible States’ employee if the Board determines
that –
(a) the
person engaged in behaviour while a States’ employee that constituted
gross misconduct under Article 34; and
(b) the
behaviour is such that the person ought not be re-employed as a States’
employee.
36 Where politically
eligible States’ employee intends to stand for election[70]
(1) A politically eligible
States’ employee who intends to stand for election as a Deputy or
Connétable shall, as soon as reasonably practicable, notify the Chief
Officer of the department or unit of administration in which the employee is
employed.[71]
(2) A politically eligible
States’ employee shall take leave for the period commencing with the day
of his or her public nomination for office and ending with whichever is
the earlier of –
(a) the
termination of his or her employment as a States’ employee; or
(b) his
or her return to work under Article 37A(4).[72]
(2A) If –
(a) a
politically eligible States’ employee has insufficient annual and other
leave accrued, in accordance with the terms of his or her employment, that the
employee may take to comply with paragraph (2); or
(b) the
employee does not wish to take all or any of that leave to comply with
paragraph (2),
the employee shall be granted unpaid special leave (subject to
Article 37(1)(a)) for so much of the period described in paragraph (2)
for which the employee does not take annual or accrued leave.[73]
(3) If a politically
eligible States’ employee who is required to make contributions under any
pension scheme established under the Public Employees (Retirement)
(Jersey) Law 1967, the Public Employees (Pensions)
(Jersey) Law 2014 or the Teachers’
Superannuation (Jersey) Law 1979 is granted unpaid special leave under paragraph (2A) –
(a) notwithstanding
any requirement of the pension scheme, neither the employee nor his or her
employer shall make contributions under the pension scheme whilst the employee
is on such leave; and
(b) the
period for which the employee is on such leave shall be disregarded in
determining the employee’s period of pensionable service for the purposes
of the pension scheme.[74]
(4) In this Article, the
date of public nomination for office in relation to a States’ employee is
the date on which the employee is nominated for election as a Deputy or
Connétable in accordance with the Elections (Jersey)
Law 2002 (see Articles 17C and 17G of that Law). [75]
37 Position of
politically eligible States’ employee when elected[76]
(1) If a politically
eligible States’ employee is elected Deputy or
Connétable –
(a) the
employee shall be granted paid special leave for any part, falling after the
day on which the announcement of the results of the election is made, of any
period for which he or she would (but for the operation of this sub-paragraph)
have been granted unpaid special leave under Article 36(2A); and
(b) the
employee’s employment as a States’ employee shall terminate on the
day before he or she is sworn in to that office.[77]
(2) Termination of
employment under paragraph (1)(b) –
(a) takes
effect by operation of law, despite any other provision of any enactment or of
the employee’s contract of employment, including any requirement for
notice; and
(b) for
the avoidance of doubt, is not to be treated –
(i) as a dismissal
for the purposes of the Employment (Jersey)
Law 2003, or
(ii) as
operating to prevent any prior termination occurring otherwise than under that
paragraph.
37A Position of politically eligible
States’ employee when not elected[78]
(1) This Article applies if
a politically eligible States’ employee is not elected to an office mentioned
in Article 37(1), in an election for which he or she has been nominated as
a candidate.
(2) For the purpose of this
Article –
(a) the
relevant date is the seventh day after the day on which the announcement of the
results of the election is made; and
(b) the
relevant Chief Officer is the Chief Officer of the department or unit of
administration in which the employee is employed.
(3) If, before the relevant
date, the employee notifies the relevant Chief Officer that he or she does not
intend to return to work, his or her employment as a States’ employee
shall terminate immediately.
(4) If paragraph (3)
does not apply and, before the relevant date, the employee notifies the
relevant Chief Officer that he or she intends to return to work, he or she shall
be entitled (subject to Article 34(2)) to return to work –
(a) on a
date, agreed with the relevant Chief Officer, that is within the period of
4 weeks after the day on which the announcement of the results of the
election is made; and
(b) to
the position that he or she held before giving notification under Article 36(1)
of intention to stand.
(5) If neither paragraph (3)
nor (4) applies, the employee’s employment as a States’ employee
shall terminate on the relevant date.
(6) If paragraph (4)
applies, but the employee fails without reasonable excuse to return to work on
the agreed date, his or her employment as a States’ employee shall be
taken to have terminated on the relevant date.
(7) Article 37(2)
applies to termination of employment under this Article as it does to
termination under that Article.
Politically ineligible States’
employees
38 Politically
ineligible States’ employees not to take public part in political matters[79]
(1) A politically
ineligible States’ employee shall not take a public part in any political
matter.
(2) The States’
Employment Board may discipline a politically ineligible States’ employee
who has contravened paragraph (1).
(3) The States’
Employment Board may terminate the employment of a politically ineligible
States’ employee if –
(a) he or
she has contravened paragraph (1); and
(b) the
Board determines that the contravention is such that the person ought not
continue to be employed as a States’ employee.
39 Political
behaviour of politically ineligible States’ employee may be considered in
determining whether to re-employ him or her[80]
(1) Nothing in this Part,
apart from paragraph (2), shall be taken to prevent a person who was, before
his or her employment shall be taken to have terminated under Article 41,
a politically ineligible States’ employee, being re-employed as a
States’ employee.[81]
(2) The States Employment
Board may refuse to re-employ as a States’ employee a person who was a
politically ineligible States’ employee, if –
(a) the
Board determines that the person contravened Article 38(1) while he or she
was a politically ineligible States’ employee and the contravention is
such that the person ought not be re-employed as a States’ employee; or
(b) the
Board determines that –
(i) the person,
during the relevant election period, engaged in behaviour that would have
constituted gross misconduct for the purposes of Article 34, had the
person been a politically eligible States’ employee when the behaviour
occurred, and
(ii) the
behaviour is such that the person ought not be re-employed as a States’
employee.
(3) In this Article, “relevant
election period”, in relation to a person, means any period that –
(a) begins
on the day on which –
(i) he or she began
to publicly campaign for election as a Deputy or Connétable,
(ii) he
or she is nominated for public election as a Deputy or Connétable
in accordance with the Elections (Jersey) Law 2002 (see Articles 17C and 17G of that Law); and
(iii)
(b) ends
on the day after the day on which any election for which he or she had
nominated is held.[82]
40 Where politically
ineligible States’ employee intends to stand for election[83]
(1) A politically
ineligible States’ employee who intends to stand for election as a Deputy
or Connétable shall, as soon as reasonably practicable, notify the Chief
Officer of the department or unit of administration in which the employee is
employed.[84]
(2) If a Chief Officer is
given notice under paragraph (1) by a States’ employee, the Chief
Officer shall determine whether it is, in all the circumstances, appropriate
for the States’ employee to continue to carry out, until his or her
employment shall be taken to have terminated under Article 41, the
functions that he or she was carrying out before the notice was given.[85]
(3) If a Chief Officer
determines that it is not, in all the circumstances, appropriate for the
States’ employee to continue to carry out, until his or her employment
shall be taken to have terminated under Article 41, the functions that he
or she was carrying out before the notice was given under paragraph (1),
the Chief Officer may direct the States’ employee to carry out, instead,
other functions specified by the Chief Officer.[86]
41 Employment
terminates before politically ineligible States’ employee campaigns or is
nominated[87]
(1) On the day before the
start of a relevant election period, as defined in Article 39(3), in
relation to a politically ineligible States’ employee, his or her
employment as a States’ employee shall be taken to have terminated.
(2) Article 37(2)
applies to termination of employment under this Article as it does to
termination under that Article.
PART 6[88]
Amendments to other enactments
42 Repeal etc. Regulations[89]
The States may by Regulations –
(a) amend this Law; and
(b) make such repeal,
amendment, transitional and savings provisions in relation to other enactments
as are necessary or convenient upon the coming into effect of this Law.
PART 7[90]
CONCLUDING PROVISION
43 Citation[91]
This Law may be cited as the Employment of States of Jersey
Employees (Jersey) Law 2005.