Employment
(Amendment No. 3) (Jersey) Law 2007
A LAW to amend further the Employment
(Jersey) Law 2003.
Adopted by the
States 18th April 2007
Sanctioned by
Order of Her Majesty in Council 10th October 2007
Registered by the
Royal Court 26th
October 2007
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 New
Part 7A inserted into the Employment (Jersey)
Law 2003
Immediately after Article 78 of the Employment (Jersey) Law 2003[1] there is inserted the
following Part –
((1) This Article applies where –
(a) an
employer requires or requests an employee to attend a disciplinary or grievance
hearing; and
(b) the
employee tells the employer that he or she wishes to be represented at the
hearing.
(2) Where
this Article applies, the employer must permit the employee to be represented
at the hearing by one representative chosen by the employee who is –
(a) an employee
or an official of a trade union; or
(b) another
employee of the employer,
if the location of the proposed representative at the time of the
request does not make the request unreasonable.
(3) The
employer must permit the employee’s representative –
(a) to
address the hearing so as to put the employee’s case, to sum up that case
and to respond on the employee’s behalf to any view expressed at the
hearing; and
(b) to
confer with the employee during the hearing.
(4) However,
paragraph (3) does not require the employer to permit the employee’s
representative –
(a) to answer
questions on behalf of the employee;
(b) to address
the hearing if, at the hearing, the employee indicates that he or she does not
wish the representative to do so; or
(c) to
use the powers conferred by that paragraph in a way that prevents the employer
from explaining his or her case or prevents any other person at the hearing
from making a contribution to it.
(a) an
employee has a right under this Article to be represented at a hearing;
(b) the
employee’s chosen representative will not be available at the time
proposed for the hearing by the employer; and
(c) the
employee proposes an alternative time within the 5 working days immediately
after the day proposed by the employer that is reasonable for both parties,
the employer must postpone the hearing to the time proposed by the
employee.
(6) Where
the employee’s chosen representative is another employee of the
employer –
(a) the
employer must permit the representative to take a reasonable amount of time off
during working hours, without loss of pay, to prepare for the hearing and to
represent the employee at the hearing; and
(b) any
activities of the representative undertaken in accordance with this Article
shall be taken to be activities of a trade union to which Article 65(1)(b)
applies.
“disciplinary hearing” means a hearing that could result
in –
(a) the
administration of a formal written warning to an employee by his or her employer;
(b) the
taking of some other formal disciplinary action in respect of an employee by
his or her employer; or
(c) the
confirmation of a warning administered under paragraph (a) or the
confirmation of any other disciplinary action taken under paragraph (b);
“grievance hearing” means a hearing that concerns the
performance of a duty by an employer in relation to an employee;
“trade union” means a trade union registered in
accordance with the Employment Relations (Jersey) Law 2007[2];
“working day” means a business day as defined by the
Public Holidays and Bank Holidays (Jersey) Law 1951[3].
78B Complaints to Tribunal
(1) An
employee may present a complaint to the Tribunal that his or her employer has
failed, or threatened to fail, to comply with Article 78A(2), (3) or (5).
(2) The
Tribunal shall not consider such a complaint unless it is presented
within –
(a) the
8 weeks immediately following the failure or threat; or
(b) such
further period as the Tribunal may, in the interests of justice, consider reasonable.
(3) If
the Tribunal finds that a complaint under this Article is well-founded it must –
(a) order
the employer to pay compensation to the employee of an amount not exceeding 4
weeks’ pay; and
(b) declare
that any action taken against the employee by the employer, other than the
dismissal of the employee, is void.”.
2 Article
51 of the Employment (Jersey) Law 2003 amended
For Article 51(1) of the
Employment (Jersey) Law 2003 there is substituted the following
paragraph –
“(1) An
employee must be given by his or her employer, at or before the time at which
any payment of wages is made to the employee, a written itemised pay statement.”.
3 Citation
and commencement
(1) This
Law may be cited as the Employment (Amendment No. 3) (Jersey) Law 2007.
(2) This
Law shall come into force on the seventh day after its registration.
a.h. harris
Deputy Greffier of the States