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4.7 Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding collective redundancy:
Will the Minister explain to Members why the Draft Employment (Amendment No. 6) (Jersey) Law 201- (P.134/2010) does not comply with the States decision made on 1st April 2009 that collective redundancy consultation must take place when more than 6 redundancies are made in a workplace, P.27/2009, as amended?
Deputy I.J. Gorst of St. Clement (The Minister for Social Security):
During the debate on the Deputy 's amendment to the collective redundancy provisions, Members might recall that I said if Members adopt the amendment I may be forced to reconsult with the Employment Forum with a view to possibly amending the law before it comes into force. I asked the forum to look at the provisions relating to collective consultation as a whole and the forum has presented its recommendation to me, having consulted with the public earlier this year. Members have a copy of that report, as well as my report accompanying the draft amendment.
4.7.1 Deputy G.P. Southern :
This is a matter of principle, I think. The States decided in 2009 that where an employer is proposing to dismiss as redundant at one establishment within a period of 90 days or less 6 or more employees of a description in respect of which there is no trade union, the employer shall consult about those dismissals all the persons who are the appropriate representatives of the affected employees. It does not say it requests the Minister to go away and reconsult and come back with a fresh number. It says this House says that number shall be 6. Why has the Minister not complied with the instructions of this House?
Deputy I.J. Gorst :
I am somewhat surprised. I am not sure, is the Deputy suggesting that it is never
appropriate for this Assembly to reconsider its decision or to have a debate? Again, I made it quite clear during that debate that that would be my intention.
The Deputy Bailiff :
No other questions? We go on to question 8, which the Deputy of St. Mary will ask of the Minister for Treasury and Resources.