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Is it reasonable for the States of Jersey as an employer to take disciplinary action against an employee who is the subject of a police investigation

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WRITTEN QUESTION TO THE CHIEF MINISTER

BY SENATOR J.L. PERCHARD

ANSWER TO BE TABLED ON TUESDAY 2nd FEBRUARY 2010

Question

As the Chairman of the States Employment Board -

  1. d oesthe Chief Minister agree that it is quite reasonable for theStatesofJerseyas an employer to take  any appropriate disciplinary action againstan employee who is at the time thesubjectof a police investigation?
  2. will the Chief Minister agree to take independentlegal advice when considering disciplinary action against an employeeof the Statesof Jersey whois the subjectof a police investigation?

Answer

There are occasions when it might be reasonable for the States Employment Board to take appropriate disciplinary action against an employee who is subject to a police investigation. This should be particularly the case where an employee is alleged to be in breach of an internal rule of conduct quite separately from an alleged criminal offence. Legal advice is taken and will continue to be taken.