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1240/5(3782)
WRITTEN QUESTION TO THE MINISTER FOR SOCIAL SECURITY BY DEPUTY G.P. SOUTHERN OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 11TH MARCH 2008
Question
- Followinghisresponse to a question on 26th February 2008 concerning codesofpractice associated with the EmploymentRelationsLaw, does the Minister accept that comparisonbetweenStatesemployees and employees in the UK is moreproperlymade with Local Authorities with a similar sizedworkforce, wherenone has drawn a distinction (as the States have)betweentheemployeesofdifferentdepartments of the same Authority?
Answer:
No.
Question
- Will the Ministerseeklegal advice as to whetherthe treatment applied by the States to its employees could bedeemed a disproportionate restriction on the rightofStatesemployeesto take industrial action?
Answer:
The Minister does not intend to seek legal advice, being satisfied that no disproportionate restrictions exist.
Question
- Notwithstanding his partial responseto that part of the questionaskedon 26th February dealing with articles 31 to 35 of code 2, will the Minister stateclearly:
- w hich persons or body isresponsible for enforcing articles 31 to 35,
- w hich persons or body will decide to whichservices articles 31to 35 should apply, and
- w hat actions will hetake, and in what timescale, toensure that articles 31 to35 are put in place?
Answer:
- T he Deputy has misinterpreted thepurposeof Codes of practice. The provisions oftheCodes are admissible inevidenceandmaybetaken into account in determining anyquestion arising in proceedings beforetheJerseyEmployment Tribunal or a court.
- E mployers and trade unions are responsible for agreeing whichservices(or elements of services) such minimum service agreements should apply to.
- It isnot the Minister's responsibility toensure that agreements are inplace; it is for employers and unions to negotiate andreach an agreement,whichmay be reached with the assistance oftheJersey Advisory and Conciliation Service,where necessary.