Contents

A LAW to amend further the Employment (Jersey) Law 2003.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“3A   Right to request amendment of particulars in statement of terms of employment

(1)     If the particulars in a statement under Article 3 or 4 provide for flexibility in relation to hours or place of work and the employee has had a settled work pattern (whether formally agreed with the employer or not) for at least 6 months immediately before the request, the employee has the right to request that those particulars are amended to reflect that settled work pattern.

(2)     A request under this Article must –

(a)     be made in writing;

(b)     specify which particulars of the statement of the terms of employment are the subject of the request and how they should be amended; and

(c)     state that it is a request under this Article for an amendment of those particulars.

(3)     The employee may request an amendment under this Article only once in a 12-month period.

(4)     The employer must consider the request and provide a response no later than 4 weeks after the day on which the request is made.

(5)     The employer may only refuse the request if –

(a)     the amendments do not reflect the employee’s work pattern;

(b)     the amendment to the statement of the terms of employment would have a seriously detrimental effect on the performance of the employer’s business;

(c)     the employer has reasonable grounds to consider that the employee’s work pattern will change within 4 weeks of the date on which the request is made; or

(d)     the employee’s contract of employment is due to end within 4 weeks of the date on which the request is made.

(6)     The employer must –

(a)     if granting the request, no later than 4 weeks after granting the request, give to the employee a written statement reflecting the employee’s requested amendments to the particulars and specifying the date from which the statement is to take effect; or

(b)     if refusing the request, give reasons for the refusal in writing.

(7)     If the person who would ordinarily consider the request is absent from work on the day on which the request is made, the 4-week period referred to in paragraph (4) commences on the day on which that person returns to work, or 4 weeks after the day on which the request is made, if that is sooner.

(8)     The employer and employee may agree to an extension of the 4-week period referred to in paragraphs (4) and (7).

3B     Review of refusal to amend particulars in statement of terms of employment

(1)     If the employer refuses to amend the particulars as requested by the employee under Article 3A, the employee may request a review of the decision by giving notice in writing to the employer no later than 2 weeks after the day on which the employee was informed of the decision.

(2)     No later than 2 weeks after the day on which the employer receives the employee’s notice, the employer must –

(a)     grant the request for the amendment of the particulars and, no later than 4 weeks after granting the request, give to the employee a written statement reflecting the employee’s requested amendments and specifying the date from which the amendment is to take effect; or

(b)     hold a meeting with the employee, at a time convenient to the employer and employee and any person representing the employee, to discuss the request for the amended particulars.

(3)     If a meeting is held under paragraph (2)(b) the employer must –

(a)     notify the employee of the employer’s decision about the request for the amendment of the particulars no later than 2 weeks after the meeting; and

(b)     if the employer grants the request for the amendment of the particulars, no later than 4 weeks after granting the request, give to the employee a written statement reflecting the employee’s requested amendments and specifying the date from which the statement is to take effect.

(4)     The rights conferred by Article 78A and 78B apply in respect of any meeting held under paragraph (2)(b) as they do in respect of disciplinary and grievance hearings.

(5)     If the person who would ordinarily consider the request is absent from work on the day on which the notice of review is given, the 2-week period referred to in paragraph (2) commences on the day on which that person returns to work, or 4 weeks after the day on which the notice is given, if that is sooner.

(6)     The employer and employee may agree to an extension of the periods referred to in this Article except the period of 4 weeks within which the employer is required to provide a written statement.”.

“(6)    This Article also applies to a statement of terms of employment that has been amended under Article 3A or 3B.”.

“(aa)  after granting a request under Article 3A or 3B, fails to give the employee a written statement of the amended particulars;”.

“(5)    An employee must not make more than 2 applications under paragraph (1) in 12-month period.”.