The role of the Employment Forum is to act in a non-political arena as a consultative body. It has a duty to consult on the rate of the minimum wage and other employment related issues as directed by the Minister. The forum must report back to the Minister with recommendations on each issue, based on the views received in consultation. The Minister would need to justify his decision should he not accept the forum's recommendations.
Background
The Employment Forum was established in August 1999 and was modelled on the very successful Low Pay Commission in the UK. The forum's role and responsibilities are formalised in the Employment (Jersey) Law 2003.
Employment (Jersey) Law 2003 – Jersey Law website
Terms of reference were agreed by the former Employment and Social Security Committee in June 2000.
Download Employment Forum’s current terms of reference (size 47kb)
Forum members
Appointments are usually made for a 3 year term, which can be extended or renewed. Members are appointed by the Social Security Minister on the basis of their interest in employment relations and their diversity of backgrounds.
3 employer, 3 employee and 3 independent representatives may sit on the panel. The members are;
- independents: Helen Ruelle (Chair), Carol Le Cocq and Malcolm Ferey
- employer representatives: Jeralie Pallot, Thomas Quinlan and Julie Fairclough
- employee representatives: David Robinson, Barbara Ward and Ian Syvret
If you would like to be added to the forum's consultation database to receive all future consultation papers and recommendations from the forum, please contact the secretary to the forum.
Email the Employment Forum’s secretary
Forum recommendations
The Forum's latest recommendation relates to the 26 week qualifying period for protection against unfair dismissal.
Download the recommendation of the Employment Forum on the qualifying period for protection against unfair dismissal (size 468kb)
Employment law Phase 1 - general
The forum issued a recommendation on an enforcement procedure (including a tribunal) to assist with implementing the employment legislation. This recommendation was approved in principle by the former committee in May 2001.
Download the recommendation of the Employment Forum to the Employment and Social Security Committee on the issue of unfair dismissal legislation (size 447kb)
Download the recommendation of the Employment Forum to the Employment and Social Security Committee on the issues of holiday entitlement and rest days (size 337kb)
Download the recommendation of the Employment Forum to the Employment and Social Security Committee on the issue of fixed term contracts and unfair dismissal (size 213kb)
Download the recommendation of the Employment Forum to the Employment and Social Security Committee on the issue of rest day entitlement and ‘operational urgency’ (size 268kb)
In January 2008, the Employment Forum was asked by the Social Security Minister to consult with the public on the proposal to amend the Employment Tribunal's powers in unfair dismissal awards. The forum issued its recommendation to the Social Security Minister on 17 June 2008.
Employment Forum's recommendations on the minimum wage In 2010, the Social Security Minister asked the Forum to review the employment legislation enforcement procedure in respect of ‘vexatious’ claims, and in particular, whether the Jersey Employment Tribunal should have the power to order one party to make a payment in respect of the costs incurred by another party. The Forum consulted on a White Paper and presented its recommendation to the Social Security Minister on 20 December 2010.
Download the Employment Forum's recommendation on costs and vexatious claims (size 197kb) Minister’s response to the Employment Forum on the Jersey Employment Tribunal - costs and vexatious claims recommendation (size 16kb) Employment law - Phase 2
The first consultation paper of phase 2 of the employment legislation programme was issued on 14 June 2006 to seek the public's views on legislation relating to redundancy and business transfers.
Download consultation paper on redundancy and business transfers (size 242kb)
Download the forum’s recommendation on redundancy and business transfers (size 652kb)
Download the minister’s response to the forum’s recommendation on redundancy and business transfers (size 177kb)
The second consultation paper of phase 2 of the employment legislation programme was issued on 15 June 2007 to seek the public's views on legislation relating to maternity, paternity and family friendly working . The forum issued its recommendation to the Social Security Minister on 17 June 2008.
Download consultation paper on maternity, paternity and family friendly working (size 215kb)
Download the forum’s recommendation to the Social Security Minister on maternity, paternity and family friendly working (size 375kb)
Download the minister’s response to the forum’s recommendation on maternity, paternity and family friendly working (88kb)
Therapeutic work and the employment law
This recommendation is the outcome of the forum’s review of the effect of the employment legislation on therapeutic work in Jersey. The purpose was to make a recommendation to the Social Security Minister that legislative change is not required at this time in order to ensure that therapeutic workers are not disadvantaged by the operation of the Employment (Jersey) Law 2003, and in particular the minimum wage.
Download the forum’s recommendation on therapeutic work and the employment law (size 58kb)