Unfair dismissal qualifying period for employees working under short fixed-term contracts

About the consultation

​​The Employment Forum is an independent consultation body that has a duty to consult on issues relating to the employment law at the direction of the Social Security Minister. 

The Minister has directed the Forum to consult on the qualifying period for protection against unfair dismissal where an employee works under a short, fixed-term contract.

What we want you to comment on

Employees working under fixed-term contracts of 26 weeks or less currently qualify for protection against unfair dismissal after having served two-thirds of their contract and subject to having worked at least 13 weeks of their contract. This is known as the 'two-thirds rule'. 

Other employees must have worked for either 26 weeks if the employment contract started prior to 1 January 2015, or one year if the contract started on or after 1 January 2015. 

We want your views as to whether the two-thirds rule should be removed or changed.

Download the unfair dismissal qualifying period background paper (size 262kb)

Further information​​​​

For more information about unfair dismissal, see the guide on the Jersey Advisory and Conciliation Service website.

Guide to unfair dismissal on JACS website

How to submit comments to the consultation

The consultation is now closed. The Employment Forum made the following recommendation to the Minister for Social Security in December 2015.

Download the Employment Forum's recommendation on short fixed-term contracts and the two-thirds rule for protection against unfair dismissal (527kb)