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STATES OF JERSEY
UNFAIR DISMISSAL QUALIFYING PERIOD FOR EMPLOYEES WORKING UNDER SHORT, FIXED-TERM CONTRACTS: 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.135
REPORT
Recommendation on unfair dismissal qualifying periods for employees working under short, fixed-term contracts
Minster's response to the recommendation
I have considered the outcomes of the Employment Forum's consultation and the detailed explanation that the Forum has given for its recommendation on the two-thirds rule'. I have decided to accept the Forum's recommendation and I intend to request Law Drafting for an amendment that would remove the two-thirds rule from the Employment Law. Employees working under fixed-term contracts of 26 weeks or less would then qualify for protection against unfair dismissal after 52 weeks' service.
This change would remove unnecessary complexity from the Employment Law – which for some employers could remove a barrier to the creation of new jobs under appropriate contracts – and would bring parity in the unfair dismissal rights of employees working under different types of employment contracts. This Jersey-specific employment right has not been exercised in the 10 years since the Employment Law came into force, and the policy intent of the rule appears no longer to be relevant.
As well as removing this obsolete rule, I intend to propose that the Employment and Discrimination Tribunal is given the power to award financial compensation to employees where their employer does not comply with 3 fundamental employment protections: written terms of employment, pay slips and rest days. These are very straightforward to provide, and it is hoped that the additional protection would encourage employers to meet these basic entitlements. (This is dealt with in a separate recommendation from the Employment Forum – see R.134/2015.)
I am grateful to the Employment Forum for undertaking this project and reporting back to me by the end of 2015, as I requested. I am grateful to the Chairman and members of the Forum for the time and effort that they have committed to presenting a balanced and unanimous recommendation on this difficult subject.
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