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Unfair dismissal qualifying period

DepartmentCustomer and Local Services
Start date04/02/2013
End date15/03/2013
Type of consultationOther
Deadline for comments15/03/2013

About the consultation

​The Minister for Social Security has directed the Employment Forum to consult on whether the current 26 week qualifying period for protection against unfair dismissal should be extended. The UK has recently extended its equivalent qualifying period from one year to two years.
 
Certain employer representative groups have expressed concern that the qualifying period in Jersey deters employers from employing staff and creating new jobs, primarily due to the perceived risk of an employee making a complaint to the Jersey Employment Tribunal and the burden of such claims.
 
This consultation seeks evidence that the length of the qualifying period for protection against unfair dismissal has, or could have, an impact on growth in employment and job opportunities.
 
We're seeking the views of stakeholders and will consider any comments received before making a recommendation to the Minister.
 
We would like to know: 
  • how important a factor the 26 week qualifying period is when an employer is deciding whether to employ more staff
  • if (and why) the qualifying period has been a barrier to job creation and job opportunities
  • evidence that a longer qualifying period might encourage employers to create new jobs or employ more staff
  • if the qualifying period were to be longer than 26 weeks, what period should apply
  • how long it normally takes an employer to determine if a new member of staff is suitable for a particular job
  • if there are any groups of employees who might be disproportionately affected by a longer qualifying period
  •  
You can find more information by downloading the consultation paper.
 

How to submit comments to the consultation

This consultation is now closed.

Responses to the consultation

​The Employment Forum issued a recommendation on 10 June 2013 which includes a summary of the responses.

Download the recommendation of the Employment Forum on the qualifying period against unfair dismissal (size 468kb) 

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