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STATES OF JERSEY
COMPENSATION AWARDS IN RESPECT OF WRITTEN TERMS OF EMPLOYMENT, PAY SLIPS AND REST DAYS: EMPLOYMENT FORUM'S RECOMMENDATION AND MINISTER'S RESPONSE
Presented to the States on 15th December 2015 by the Minister for Social Security
STATES GREFFE
2015 Price code: C R.134
REPORT
Recommendation on compensation awards in respect of written terms of employment, pay slips and rest days
Minster's response to the recommendation
Having carefully considered the Employment Forum's report and the responses provided by stakeholders during the consultation, I have decided to accept the unanimous recommendations that have been presented to me.
I intend to request Law Drafting for an amendment to the Employment Law that would enable the Employment and Discrimination Tribunal to award an employee financial compensation of up to 4 weeks' pay where an employer has failed to meet their obligations in 3 areas: written terms of employment, pay slips and rest days. These obligations are not new and are very straightforward to provide. It is hoped that the additional protection would encourage employers to meet these basic entitlements without employees having to take a complaint to the Tribunal. The proposed remedy would give the Tribunal discretion to reflect the scale of the employer's failure in the award.
As well as introducing an additional element of Tribunal compensation for the protection of employees, I intend to propose that the two-thirds rule be removed from the Employment Law to remove unnecessary complexity, give employers more confidence to create new jobs under appropriate contracts, and to bring parity in the unfair dismissal rights of employees working under different types of employment contracts. (This is dealt with in a separate recommendation from the Employment Forum – see R.135/2015.)
I am grateful to the Employment Forum for undertaking this project within the requested timetable, and I thank the Chairman and members of the Forum for the work that has been undertaken to produce this sensible recommendation.
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