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 States’ employees and 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;
“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;
“senior States’ office” means an office that is
prescribed or determined under Article 16(1) or (2);
“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) The
Chief Executive Officer shall be responsible for the administration and general
management of the public service.
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.[4]
(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.
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.[5]
(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.
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 the
act or omission was in bad faith.
(2) This
Article applies to the States Employment Board, any member of 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.
part 3
EMPLOYMENT OF MEMBERS OF PUBLIC SERVICE
8 Functions
of States Employment Board
(1) The
States Employment Board shall have the following functions –
(a) to
determine policy relating to the employment of, and the terms and conditions of
employment of, States’ employees, other than procedures for recruitment
of States’ employees;
(b) to
ensure that the public service conducts itself with economy, efficiency, probity
and effectiveness; and
(c) to
ensure the health, safety and well-being of States’ employees.
(2) The
States Employment Board shall also have the following functions –
(a) to
employ persons on behalf of the States and administrations of the States;
(b) where
appropriate, to consult or negotiate with States’ employees, or
representatives of States’ employees, collective agreements as to the
terms and conditions of employment of States’ employees;
(c) to
determine the employee training and development needs of States’
employees and appropriate procedures for appraisal and transfer of
States’ employees;
(d) to
discipline, suspend, or terminate the employment of, States’ employees;
(e) to
determine salaries, allowances, pensions and gratuities as required under the
Departments of the Judiciary and the Legislature (Jersey) Law 1965[6];
(f) to
determine other matters that may reasonably be considered necessary for the
proper administration and management of States’ employees;
(g) any
other function conferred on it by or under an enactment.
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.
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.[7]
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;
“States’ appointee” means a person prescribed or
determined under Article 15(3) or (4) to be a States’ appointee for the
purposes of this Part;
“States’ employee” means a person prescribed or
determined under Article 15(1) or (2) to be a States’ employee for the
purposes of this Part.[8]
15 This
Part may be extended to apply to independent bodies
(1) The
States may, by Regulation, prescribe to be States’ employees for the
purposes of this Part the holders from time to time of prescribed offices, or
prescribed classes of offices, who are employed under contracts of employment
by independent bodies and who would not otherwise be States’ employees
for the purposes of this Part.
(2) The
Commission may, by instrument in writing, determine to be States’
employees for the purposes of this Part (in addition to the holders of offices
or classes, if any, prescribed under paragraph (1)) the holders from time
to time of offices, or classes of offices, that are specified in the
instrument, who are employed by independent bodies and who would not otherwise
be States’ employees for the purposes of this Part.[9]
(3) The
States may, by Regulation, prescribe to be States’ appointees for the
purposes of this Part the holders from time to time of prescribed offices, or
prescribed classes of offices, who are appointed or elected to, or hold office
with, independent bodies.[10]
(4) The
Commission may, by instrument in writing, determine to be States’
appointees for the purposes of this Part (in addition to the holders of offices
or classes, if any, prescribed under paragraph (3)) the holders from time
to time of offices, or classes of offices, that are specified in the instrument
and who are appointed or elected to, or hold office with, independent bodies.[11]
16 Senior
States’ offices
(1) The
States may prescribe, by Regulation, the offices of States’ employees or
States’ appointees, or the classes of offices of States’ employees
or States’ appointees, that are to be senior States’ offices for
the purposes of this Part.[12]
(2) The
Commission may, in writing, determine the offices of States’ employees or
States’ appointees, or the classes of offices of States’ employees
or States’ appointees, that are to be senior States’ offices for
the purposes of this Part, in addition to the offices or classes, if any,
prescribed under paragraph (1).[13]
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 4 other Commissioners,
appointed under Article 18.
(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 States on the recommendation of the Chief Minister.
(2) The
Chief Minister may only recommend a person under paragraph (1) with the
approval of the States Employment Board.
(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.
(4) Subject
to this Article and Article 19, the Chairman shall hold office for 4 years
but may be re-appointed.
(5) A
Commissioner (other than the Chairman) shall hold office, subject to this Law,
for the period of not more than 4 years that is specified in his or her
instrument of appointment, but may be re-appointed.
(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.[14]
(7) A
person shall not be re-appointed as a Commissioner if the re-appointment would
have the effect that he or she would be a Commissioner for more than 8
consecutive years, unless he or she is the Chairman during the subsequent years
for which he or she would be re-appointed.
(8) A
person shall not be appointed to be the Chairman for more than 8 consecutive
years.
(9) For
the purposes of paragraphs (7) and (8), 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.
(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
States may dismiss a Commissioner on the grounds it thinks fit.
(2) The
Commission may notify the Chief Minister that it is of the opinion that the
States should dismiss 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.[15]
(3) The
Chief Minister shall inform the States of an opinion of which he or she has
been notified under paragraph (2).
(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.[16]
(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.[17]
(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
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; and
(c) members
of the States are only involved in the recruitment of States’ employees or
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.[18]
24 Guidelines
(1) The
Commission shall from time to time produce and review guidelines that are to
apply in relation to the recruitment of States’ employees or
States’ appointees.[19]
(2) Guidelines
produced under paragraph (1) shall contain details as to –
(a) how
recruitment of States’ employees or States’ appointees is to be
performed;
(b) the
grounds on which States’ employees or 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’ employees or States’ appointees.[20]
(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’ employees or States’ appointees.[21]
25 Audit
of recruitment practices
(1) The
Commission may carry out, or order to be carried out, an audit of the recruitment
practices in relation to –
(a) States’
employees of an administration of the States; or
(b) States’
employees, or States’ appointees, of an independent body.[22]
(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.[23]
(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.[24]
(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 may give a notice in writing under this paragraph to –
(a) the
Chief Executive Officer;
(b) the
head of an administration of the States; or
(c) the
head of an independent body.
(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 the commencement of recruitment of a person to be
employed or appointed as the holder of –
(a) a
senior States’ office; or
(b) an
office that is a member of a class of senior States’ offices.[25]
(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.[26]
(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.[27]
(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.[28]
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.[29]
(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.
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[30]
POLITICAL ACTIVITIES OF STATES’
EMPLOYEES
Interpretative provisions
30 Interpretation[31]
(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 Senator, Deputy or Connétable; or
(d) publicly
supporting any other person standing for election as a Senator, 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.
31 Meaning
of “politically eligible States’ employee” and “politically
ineligible States’ employee”[32]
(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[33]
(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[34]
(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[35]
(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[36]
(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[37]
(1) A
politically eligible States’ employee who intends to stand for election
as a Senator, 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.
(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) his
or her resignation from employment as a States’ employee; or
(b) his
or her return to work under Article 37(3).[38]
(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 for so much of
the period described in paragraph (2) for which the employee does not take
annual or accrued leave.[39]
(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 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.[40]
(4) In
this Article, the date of public nomination for office in relation to a
States’ employee is the date on which –
(a) the
employee is nominated for election as a Senator or Deputy at a nomination
meeting held under the Public Elections (Jersey) Law 2002[41]; or
(b) public
notice is given of his or her nomination for election as a Connétable.
37 Position
of politically eligible States’ employee after election[42]
(1) A
politically eligible States’ employee who is elected Senator, Deputy or
Connétable, shall, unless he or she has earlier resigned, be taken to
have resigned from employment as a States’ employee the day before he or
she is sworn in to the office of Senator, Deputy or Connétable.
(2) A
politically eligible States’ employee who is not elected to be a Senator,
Deputy, or Connétable, in an election for which he or she has been
nominated as a candidate, shall, within 7 days from the date on which an
announcement of the results of the election is made, either –
(a) resign
from employment as a States’ employee; or
(b) notify
the Chief Officer of the department or unit of administration in which the
employee is employed that he or she intends to return to work.
(3) If
a States’ employee gives notice under paragraph (2)(b), he or she
shall return to work on the date agreed with the Chief Officer of the
department or unit of administration in which the employee is employed.
(4) The
date agreed with the Chief Officer under paragraph (3) shall be a date
before 4 weeks after the date of the announcement of the results of the
election for Senator, Deputy, or Connétable, for which the States’
employee has been nominated as a candidate.
(5) If
a States employee does not comply with paragraph (2) or does not (without
reasonable excuse) comply with paragraph (3), he or she shall be taken to
have resigned from employment as a States’ employee.
(6) Despite
any other provision of an enactment or the contract of employment of a
States’ employee –
(a) if the
employee resigns from employment as a States’ employee under paragraph (2),
the resignation shall take effect immediately the notice is given under that
paragraph; or
(b) if
the employee is taken under paragraph (5) to have resigned from employment
as a States’ employee, the resignation shall take effect after 7 days
after the date on which an announcement of the results of the election is made,
and he or she shall not be required to give a longer period of
notice of the resignation.
(7) A
politically eligible States’ employee who has given notice under
paragraph (2)(b) shall be entitled to be reinstated to the position that
he or she held before he or she notified the Chief Officer in accordance with
Article 36 that he or she intended to stand for election.
(8) Nothing
in paragraph (7) limits the application of Article 34 to a person.
Politically ineligible States’
employees
38 Politically
ineligible States’ employees
not to take public part in political matters[43]
(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[44]
(1) Nothing
in this Part, apart from paragraph (2), shall be taken to prevent a person
who was, before he or she shall be taken to have resigned under Article 41,
a politically ineligible States’ employee, being re-employed as a
States’ employee.
(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 Senator, Deputy or Connétable,
(ii) he or she is
nominated for public election as a Senator or Deputy at a nomination meeting
held under the Public Elections (Jersey) Law 2002, or
(iii) public notice is given
of his or her nomination for election as a Connétable; and
(b) ends
on the day after the day on which any election for which he or she had
nominated is held.
40 Where
politically ineligible States’ employee intends to stand for election[45]
(1) A
politically ineligible States’ employee who intends to stand for election
as a Senator, 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.
(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 he or she shall be taken under Article 41 to have resigned, the
functions that he or she was carrying out before the notice was given.
(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 he
or she shall be taken under Article 41 to have resigned, 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.
41 Politically
ineligible States’ employee shall resign before campaign begins or
nomination[46]
(1) A
politically ineligible States’ employee shall be taken to have resigned
from employment as a States’ employee on the day before the day on
which –
(a) he
or she began to publicly campaign for election as a Senator, Deputy or
Connétable;
(b) he
or she is nominated for public election as a Senator or Deputy at a nomination
meeting held under the Public Elections (Jersey) Law 2002; or
(c) public
notice is given of his or her nomination for election as a Connétable,
whichever of those days is earlier.
(2) Despite
any other provision of an enactment or the contract of employment of a
States’ employee, if the employee is to be taken under paragraph (1)
to have resigned from employment as a States’ employee –
(a) the
resignation shall take effect from the day on which he or she is taken to have
resigned; and
(b) he
or she shall not be required to give a longer period of notice of the
resignation.
PART 6[47]
Amendments to other enactments
42 Repeal etc. Regulations[48]
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[49]
CONCLUDING PROVISION
43 Citation[50]
This Law may be cited as the Employment of States of Jersey
Employees (Jersey) Law 2005.