Employment and
Discrimination Tribunal (Jersey) Regulations 2014
1 Interpretation
(1) In these Regulations,
unless the context indicates otherwise –
“Chairman” means a
member of the Tribunal described in Regulation 2(1)(a);
“Deputy Chairman”
means a member of the Tribunal described in Regulation 2(1)(b);
“Discrimination Law” means the Discrimination (Jersey) Law 2013;
“Jersey Appointments Commission”
means the Commission established by Article 17 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“Lay Member” means
a member of the Tribunal construed in accordance with Regulation 2(2);
“member” means the
Chairman, a Deputy Chairman or a Lay Member of the Tribunal;
“Minister” means
the Minister for Social Security;
“Tribunal” means
the Jersey Employment and Discrimination Tribunal;
“2005 Tribunal Regulations”
means the Employment Tribunal (Jersey) Regulations 2005.
2 The
Jersey Employment and Discrimination Tribunal
(1) The Tribunal shall
consist of the following members –
(a) a
Chairman, being a person who holds a qualification in law and who is appointed
to hold the office of Chairman of the Tribunal in accordance with Regulation 3;
(b) at
least one and not more than 5 Deputy Chairmen, being persons who hold a qualification
in law and who are appointed to hold the office of Deputy Chairman of the
Tribunal in accordance with Regulation 3;
(c) at least 2 and not more than 8 other members,
being persons with knowledge or experience of or interest in trade unions or matters
relating to employees generally;
(d) at
least 2 and not more than 8 other members, being persons with knowledge or
experience of or interest in employers’ associations or matters relating
to employers generally; and
(e) at
least 2 and not more than 8 other members, being persons with knowledge or
experience of or interest in matters relating generally to equality and discrimination,
or to discrimination and protected characteristics within the meaning of the Discrimination Law.
(2) The members described
in paragraph (1)(c) to (e) are appointed to hold the office of Lay Member
of the Tribunal in accordance with Regulation 3.
(3) A person shall serve as
a member in respect of not more than one of the categories listed in paragraph (1).
3 Appointment
of members
(1) The members of the
Tribunal shall be appointed to hold the offices specified in paragraph (2),
in accordance with this Regulation.
(2) For
the purposes of Part 4 of the Employment of States of Jersey Employees
(Jersey) Law 2005 (the “2005
Law”) –
(a) the
office of Chairman of the Tribunal shall be a senior States’ office
prescribed under Article 16(1) of the 2005 Law;
(b) the
offices of –
(i) Deputy Chairman
of the Tribunal, and
(ii) Lay
Member of the Tribunal,
shall be offices prescribed under Article 15(3)
of the 2005 Law; and
(c) the
holders from time to time of the office of Chairman of the Tribunal, Deputy
Chairman of the Tribunal or Lay Member of the Tribunal are prescribed to be
States’ appointees under Article 15(3) of the 2005 Law.
(3) The recruitment of
members with the qualification, knowledge or experience of, or interest in the
matters specified in Regulation 2, shall be overseen by the Jersey
Appointments Commission, and conducted in accordance with the guidelines
produced by the Commission under Article 24 of the 2005 Law.
(4) The members of the
Tribunal shall be appointed by the States on the recommendation of the Minister
after consultation with the Jersey Appointments Commission.
4 Oath of member
(1) This
Regulation applies to any member of the Tribunal appointed or re-appointed
under Regulation 3 or 5.
(2) Every
member shall, before entering upon the discharge of his or her duties, take
oath before the Royal Court that he or she will well and faithfully discharge the duties attached to the office of Chairman of the
Tribunal, Deputy Chairman of the Tribunal or Lay Member of the Tribunal, as the
case may be.
5 Term
of office of members
(1) A member’s term
of office shall be for such period, not exceeding 5 years, as the States
specify when appointing the member.
(2) The Minister may, upon
the written request of a member and after consultation with the Jersey
Appointments Commission, extend the member’s initial term of office by
re-appointing the member to the same office for a second term not exceeding
5 years.
(3) Regulation 3 shall
not apply in respect of such a re-appointment.
(4) However, nothing in
paragraph (2) or (3) shall prevent a re-appointment from being made in
accordance with Regulation 3.
(5) A member may continue
in office after his or her term of office has expired, so long as the
continuation is only for the purpose of completing any proceedings that the
member began to hear before that expiry.
6 Termination
of office
(1) A member of the
Tribunal shall cease to hold office on resigning, by giving notice in writing to
the Minister.
(2) The Chairman or a
Deputy Chairman shall cease to hold office if he or she ceases to hold a
qualification in law.
(3) Any member of the
Tribunal shall cease to hold office –
(a) on
becoming bankrupt;
(b) on
the appointment of a delegate, under Part 4 of the Capacity and Self-Determination (Jersey)
Law 2016, in relation to the member;
(c) on
being received into guardianship under the Mental Health (Jersey) Law 2016;
(d) if –
(i) in the case of a
member that is the Chairman, without the consent of the Minister, or
(ii) in
the case of any other member, without the consent of the Chairman,
the member has, for a continuous period of more than 6 months,
been absent from any meetings of the Tribunal and unavailable to perform his or
her functions in relation to the Tribunal when it was constituted in accordance
with Regulation 9;
(e) if he
or she fails or refuses to take oath of office under Regulation 4;
(f) on
being removed from office by the Royal Court on either of the following grounds
proved to the satisfaction of that Court –
(i) that he or she
has neglected his or her duties in relation to the Tribunal, or
(ii) misconduct.[1]
(4) A member of the
Tribunal shall not be removed from office for any other reason.
(5) This Regulation shall
have effect despite anything in Regulation 5.
7 Remuneration
and expenses of members[2]
The members of the Tribunal are entitled to –
(a) remuneration
as determined by the Minister by Order; and
(b) reimbursement
of reasonable expenses as determined by the Minister.
8 Hearings
before single Tribunal
member
(1) In proceedings before
the Tribunal relating to an individual employment dispute one member, being the
Chairman or a Deputy Chairman, shall constitute the Tribunal.
(2) However, if the
Chairman thinks it is desirable to do so, he or she may direct that in proceedings
relating to a particular individual employment dispute the Tribunal shall be
constituted in accordance with Regulation 9.
9 Hearings
before 3 Tribunal members
(1) This
Regulation applies –
(a) to proceedings before
the Tribunal in respect of which the Chairman has given a direction under
Regulation 8(2);
(b) to proceedings before
the Tribunal to which Regulation 8 does not apply;
(c) to proceedings before
the Tribunal which concern both an individual employment dispute and an act of
discrimination prohibited under the Discrimination Law;
(d) to proceedings before
the Tribunal which relate to a complaint referred to it under the Discrimination Law.
(2) Subject
to paragraph (3), in any proceedings before the Tribunal –
(a) to which paragraph (1)(a),
(b) or (c) applies, the Tribunal shall be constituted with 3 members,
namely –
(i) the Chairman or a
Deputy Chairman, as the presiding member,
(ii) one member, being
a member to whom Regulation 2(1)(c) refers, and
(iii) one member, being a
member to whom Regulation 2(1)(d) refers;
(b) to which paragraph (1)(d)
applies, the Tribunal shall be constituted with 3 members, namely –
(i) the Chairman or a
Deputy Chairman, as the presiding member, and
(ii) 2 members,
being members to whom Regulation 2(1)(e) refers.
(3) The
Chairman shall choose which members shall constitute the Tribunal under paragraph (2)
and ensure in so far as is reasonably practicable –
(a) that the members to
whom Regulation 2(1)(b) refers are chosen having regard to the specialist legal
expertise that may be required for the case, but are otherwise chosen in
rotation; and
(b) that the members to
whom Regulation 2(1)(c), (d) and (e) refers are also chosen in rotation.
(4) In
any proceedings to which this Regulation applies, the decision of the Tribunal
shall be according to the opinion of the majority of its members.
(5) Where
the Tribunal has commenced hearing a matter and one of its members (other than
the Chairman) –
(a) becomes absent; or
(b) with the permission of
the Chairman or a Deputy Chairman as
the presiding member, withdraws because he or she is unable to continue to hear
the matter,
provided the
Chairman or a Deputy Chairman as the presiding member, the complainant and the
respondent agree, the Chairman shall choose a substitute member from within the
category of members listed in Regulation 2 from which the absent or
withdrawn member was originally chosen.
(6) Where
there is no agreement under paragraph (5) or another member becomes absent
or withdraws, the Chairman shall constitute a fresh Tribunal in accordance with
paragraph (2).
(7) For
the purposes of paragraph (5), a member shall be taken to be unable to
continue to hear the matter by reason of absence where that member’s
absence will cause undue delay to the determination of the matter.
10 Powers
of Deputy Chairman if Chairman unable to act
If the Chairman is for any reason unable to exercise any power under
Regulation 8(2), 9(3), (5), or (8), 11(1) or 12(3), the Judicial Greffier
shall appoint a Deputy Chairman to exercise that power.
11 Annual
report
(1) The Chairman shall
prepare an annual report on the activities of the Tribunal and submit it to the
Minister within 4 months after the end of each financial year.
(2) The Minister shall lay
a copy of the annual report before the States at the first reasonable
opportunity.
12 Repeal,
saving and transitional provisions
(1) The 2005 Tribunal
Regulations are repealed.
(2) Notwithstanding the
repeal of the 2005 Tribunal Regulations –
(a) any Tribunal
constituted under those Regulations shall continue to be so constituted for the
purpose of completing any proceedings that that Tribunal began to hear before
the commencement of these Regulations and the 2005 Tribunal
Regulations shall continue to apply for the purpose of those proceedings;
(b) any
recruitment of members which is in the process of being conducted under Regulation 3(1)
of the 2005 Tribunal Regulations, and which has not been concluded
before the commencement of these Regulations, shall be treated as recruitment
having effect under Regulation 3(3) of these Regulations.
(c) any
member appointed under Regulation 3(2) of the 2005 Tribunal Regulations –
(i) shall continue to
hold office until his or her term of office has expired or is otherwise
terminated under those Regulations,
(ii) is
not required to take oath of office under Regulation 4
of these Regulations, but shall be so required if he or she is re-appointed
under Regulation 3 or 5,
(iii) shall
be remunerated in accordance with Regulation 7 of these Regulations.
(3) The Chairman shall
prepare a final annual report on the activities of the Tribunal constituted
under the 2005 Tribunal Regulations, and that report shall form part
of the first annual report on the activities of the Tribunal constituted under
these Regulations, prepared under Regulation 11.
13 Citation
These Regulations may be cited as the Employment and Discrimination
Tribunal (Jersey) Regulations 2014.