Employment
(Amendment No. 7) (Jersey) Law 2012
A LAW to amend further the Employment
(Jersey) Law 2003.
Adopted by the
States 9th June 2011
Sanctioned by
Order of Her Majesty in Council 14th December 2011
Registered by the
Royal Court 6th
January 2012
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, the “principal law”
means the Employment (Jersey) Law 2003[1].
2 Article 2
amended
After Article 2(3) of the principal Law there shall be added
the following paragraph –
“(4) In paragraph (1) the reference
to an employee who is dismissed shall be taken to refer to an employee who is
dismissed by his or her employer in accordance with Article 62.”.
3 Article 60B
substituted
For Article 60B of the principal Law there shall be substituted
the following Article –
“60B Qualifying
period of employment
(1) An employee does not have any right to a
redundancy payment unless that person has been continuously employed for a
period of not less than 2 years ending with the effective date of
termination.
(2) The provisions of Article 57 shall not
apply in computing the period of employment for the purposes of this Article
and instead the period of employment shall be computed as follows –
(a) any week during the whole or part of which
the employee’s relations with the employer are governed by a contract of
employment shall count in computing a period of employment;
(b) except so far as otherwise provided by the
following provisions of this paragraph any week which does not count under sub-paragraph (a)
shall break the continuity of the period of employment for the purposes of this
Article;
(c) if –
(i) a
fixed term contract of employment has expired in accordance with its terms, and
(ii) another
fixed term contract of employment is entered into by the same parties which
takes effect not more than 9 weeks after the expiry of the previous fixed
term contract of employment,
the interval between the
2 periods of employment shall not be taken to break the period of
employment when computing its length, but the length of the interval shall not
be counted in the computation;
(d) a week shall not count under sub-paragraph (a)
if, in that week, or any part of that week, the employee takes part in a
strike;
(e) the continuity of an employee’s period
of employment shall not be broken by a week which does not count under this
paragraph if in that week, or part of that week, the employee takes part in a
strike;
(f) the continuity of the period of
employment shall not be broken by a week which does not count under this
paragraph if, in that week, or in a part of that week, the employee is absent
from work because of a lock-out by his or her employer.”.
4 Article 60C
amended
In Article 60C(3) of the principal Law after the words
“one week’s pay” there shall be inserted the words
“shall be calculated in accordance with Schedule 1 but”.
5 Article 60CA
inserted
After Article 60C of the principal Law there shall be inserted
the following Article –
“60CA Further
provisions relating to continuity of employment
(1) For the purposes of Articles 60B and
60C, if –
(a) an employer has paid the employee a
redundancy payment under this Part; and
(b) the employee’s contract of employment
is renewed (whether by the same or another employer) or he or she is engaged
under a new contract of employment (whether by the same or another employer),
the period in which an
employee has been continuously employed is deemed to be broken on the date that
is the effective date of termination referred to in Article 60B(1) or
60C(1), as the case may be.
(2) For the purposes of this Article, a
redundancy payment shall be treated as having been paid under this Part
if –
(a) the whole of the payment has been paid to
the employee by the employer; or
(b) the Tribunal has found that the employer
must pay part (but not all) of the redundancy payment and the employer has paid
that part.”.
6 Article 60F
amended
In Article 60F of the principal Law –
(1) in paragraph (13)
after the words “with such redundancy” there shall be added the
words “but excludes any employee to whom paragraph (14)
applies.”.
(2) After
paragraph (13) there shall be added the following paragraph –
“(14) This paragraph applies to an employee who
is employed under a contract of employment for a fixed term of one year or less
unless –
(a) the employee was previously employed under
another contract of employment for a fixed term of one year or less;
(b) the parties to both contracts of employment are
the same; and
(c) the interval between the expiry of the
previous contract of employment and the commencement of the employee’s
current contract of employment was not more than 9 weeks.”.
7 Article 60K
amended
In Article 60K of the principal Law –
(a) in paragraph (3)(a)
after the words “that period of” there shall be inserted the word
“permitted”;
(b) after
paragraph (3) there shall be added the following paragraph –
“(4) Paragraph (1) does not
apply to an employee who is employed under a contract of employment for a fixed
term of one year or less unless –
(a) the employee was previously employed under
another contract of employment for a fixed term of one year or less;
(b) the parties to both contracts of employment
are the same; and
(c) the interval between the expiry of the
previous contract of employment and the commencement of the employee’s
current contract of employment was not more than 9 weeks.”.
8 Article 60L
amended
In Article 60L(2) and (3) of the principal Law after the words
“one week’s pay” there shall be inserted the words “,
calculated in accordance with Schedule 1,”.
9 Article 85
substituted
For Article 85 of the principal Law there shall be substituted
the following Article –
“85 Secretary
of Tribunal
The Judicial Greffier shall
act as Secretary of the Tribunal.”.
10 Citation
and commencement
This Law may be cited as the Employment (Amendment No. 7)
(Jersey) Law 2012 and shall come into force on such day or days as the
States may by Act appoint.
m.n. de la haye
Greffier of the States