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Back to Work: Employer Financial Incentives

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 8 December 2017:

Decision Reference: MD-S-2017-0079

Decision Summary Title :

Back to Work employer financial incentives

Date of Decision Summary:

8 December 2017

Decision Summary Author:

Back to Work Recruitment Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Back to Work employer financial incentives

Date of Written Report:

8 December 2017

Written Report Author:

Back to Work Recruitment Manager

Written Report :

Public or Exempt?

Public

Subject: Back to Work employer financial incentives

Decision(s):  The Minister approved continuation of the non-statutory Back to Work financial incentive schemes currently in place incorporating (but not limited to) the Employment Incentive, Learning & Development Internship, Community Jobs Fund and Industry Paid Training.

Reason(s) for Decision: This will provide financial support to employers in recruiting locally qualified jobseekers in target groups for 2018.

 

The overall principles of all Back to Work financial incentives is to facilitate the employment of jobseekers who are the furthest from securing employment in the open market. The key elements of the financial incentives are summarised below:

 

1. Employers can only claim up to a maximum fixed amount per incentive paid in arrears upon evidence that the employee has been paid and has worked the required hours

 

2. Back to Work will provide 6 months in work support for both the employer and employee

 

3. Specific eligibility criteria, namely a period of long term unemployment or lack of industry experience/training, is in place for all incentives to ensure Back to Work continues to provide support to those who require the most help to get back into work

 

Full details of each of the current schemes are included in the accompanying guidelines.

Resource Implications:

Funding will be provided from the existing budget, in line with the Medium Term Financial Plan, held by the Social Security Department for the Back to Work Programme.

Action required:  Operations Director to continue running the current financial incentive schemes and tailor support/initiatives, that meet the above criteria, as and when required.

Signature:

 

 

Position:

Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

Back to Work: Employer Financial Incentives

States_of_Jersey.jpg3086 STOJ Comm Jobs Fund Leaflet side 2 LR logo 

 

 

 

 

 

Back to Work Community Jobs Fund – Guidelines

 

SOJ_CMYK.jpgIntroduction

The Community Jobs Fund has been designed to create fully subsidised community benefit jobs for registered jobseekers who are locally qualified for work and in the groups most disadvantaged by the current economic climate.

Employers in the private, public (including parishes), charitable or third sectors can apply to the Community Jobs Fund, provided that they can demonstrate that the role has a clear additional community benefit over and above the organisation’s current provision.

The key objectives are to:

  • Bring those furthest from the job market closer to securing long-term sustainable unsubsidised employment.
  • Build skills and work experience.
  • Enhance the employability and in-work skills of the target groups, who have been out of work for at least six months.
  • Provide manpower and resources to do work that has additional benefit to the community of Jersey in a broad range of areas.

Community Jobs Fund - Eligibility:

Qualifying employers:

  • Any employer registered in Jersey. This includes private sector organisations, States of Jersey, parishes, States-owned utility companies, charities and not-for-profit organisations.   

Excluded employers:

  • Any employer where the role does not demonstrate a community benefit.

The Community Jobs Fund has the right to refuse any role with any employer at their discretion, should it not meet their eligibility criteria.

The employer must be able to demonstrate:

  • That additional community benefit is created as a result of the job (see Appendix A for job acceptability criteria)
  • That the role is clearly defined in terms of duties and responsibilities and will enhance the employability of candidates.
  • That there is sufficient work for the employee to work for a minimum of 25 hours a week for a minimum period of 2 months.

As an employer under the Community Jobs Fund you will:

  • Employ candidates under your usual terms and conditions for a fixed term period (or into a permanent position if a long term role is available). Please note Community Jobs Fund funding is available for a maximum of 6 months.
  • Provide the successful candidate with a contract of employment. Support with contracts and other employment issues is available to small organisations who require assistance.
  • Provide training, development opportunities and support for individuals to move into long term sustained employment whilst employed in their Community Jobs Fund role. Whilst it is recognised that many Community Jobs Fund roles will not be sustained once funding runs out, it is important that employees do not lose focus of their future development and job seeking for the next step. 

Qualifying candidates:

  • Candidates put forward by Back to Work for Community Jobs Fund jobs will be locally qualified, and registered as actively seeking work (or active clients of the Jersey Employment Trust) for a continuous period of 6 months. During the eligibility period, candidates must not have worked for (any amount of hours) longer than 14 days.


Excluded candidates:

  • Any person who falls out of the above target groups for this scheme
  • Any person who is not classified as either Entitled or Entitled to Work
  • Any individual who has not been registered as actively seeking work for 6 months (or who has worked for more than 14 days, irrelevant of the amount of hours)
  • Non-EU nationals whose visa does not allow them recourse to public funds are excluded.
  • Any candidate who is deemed unsuitable for the Community Jobs Fund by Back to Work.
     

Providing roles fall within the job eligibility criteria, Back to Work will:

  • Fund approved roles at minimum wage (plus employer’s Social Security contributions) for up to 35 hours a week (minimum of 25 hours a week) for up to 6 months (minimum of 2 months), where as a result of the job, there will be additional benefit to the community. The funding will be provided based on the number of hours the employee is contracted to work. Employers can top up hours using their own funds should they wish to do so (for example up to 40 hours per week). Employers can pay a higher wage should they wish to do so by topping up the hourly rate the employee will be paid.
  • Fund an additional non-wage expenditure allowance of up to £1,400 per role. This additional funding is designed to cover costs such as training, essential equipment and other wrap around support. In instances where jobs with a community benefit could be created but would require additional resources greater than the £1,400 outlined above, it would be expected that the employer would investigate alternative funding sources to support the project (for example other charitable support groups). However if the job creation could not go ahead without additional funding, an application for larger amounts could be made to Back to Work. Decisions on additional funding will then be made on a case by case basis.
  • Work with the target groups (outlined above) to ensure they are prepared to take full advantage of the Community Jobs Fund employment opportunities and be an asset to employers.
  • Provide a fully supported recruitment process to ensure the employer can select and employ the right candidate for their needs.
  • Provide an in work support service whereby a Back to Work advisor will work closely with the employer and the employee once the employee has commenced the role. The advisor will help to ensure that any concerns or queries are raised at an early stage to help to ensure the smooth running of the programme.

The jobs

Jobs created under the Community Jobs Fund should not replace existing vacancies unless additional community benefit can be demonstrated as a result of the recruitment. The Community Jobs Fund recruitment must not lead to another individual (i.e. an employee or contractor) losing or reducing their paid employment.

Back to Work acknowledges the excellent work that is done and the hours that are given by volunteers and the Community Jobs Fund does not seek to replace or change this valid contribution in any way.  Community benefit by the Community Jobs Fund role must therefore be ‘new’ and in addition to what an organisation is already able to provide through either existing salaried staff or volunteers.

Faith and politically based organisations are welcome to apply, but the promotion of purely religious or politically based beliefs cannot be the main focus of the organisation’s activities.

Benefit to the community

The community benefit of a Community Jobs Fund job must:

  • Be of benefit to the community over and above the benefit of employment to the individual.
  • Create directly, or significantly contribute to the creation of, additional and lasting benefit to the community, or particular groups or individuals within the community, over and above the organisation’s current provision. For example, if a charity shop already has six volunteers in place, turning these into paid roles would not be providing an additional community benefit on top of what is already taking place. These roles would therefore not be acceptable under the Community Jobs Fund scheme. If however, an additional role meant the shop could open longer and generate more funds for the charity, have an increased social media/marketing presence, enable more collections or deliveries than at present – this would then qualify. 
  • Be clearly demonstrated in the job description and be integral to the work that is done, as opposed to a ‘one off’ community benefit as part of a role where the regular duties do not have such benefits.
  • At any stage during or after the role, Back to Work may request evidence to support the community benefit that has arisen as a result of the role.

Community Jobs Fund employment details

The Community Jobs Fund will include two funding streams as outlined below. The employer will be required to provide to Back to Work monthly/4 weekly in arrears wage slips/timesheets to show hours worked by the employee. In addition to monthly overviews of the employee’s progress, the employer will be in close contact with a Back to Work advisor who will provide in work support to both the client and the employer.

Salary costs and payment process:

  • Salary costs will be paid monthly/4 weekly in arrears to cover salary and Social Security contributions up to a maximum of 35 hours per week for up to 6 months.
  • Salary will be paid at minimum wage.  
  • Funding will be paid based on the number of hours the employee works per week (if an employee only works 25 hours per week, funding will be provided at minimum wage on this basis).  
  • Payments will be made only on receipt of wage slips. Payments are made by Back to Work weekly on a Monday (wage slips must be received by 5pm the preceding Friday) for payment by BACS directly to the company or organisation’s bank account the following Friday.
  • All wage slips have to be submitted to Back to Work within one month of the Community Jobs Fund role completing. Late wage slips will not be accepted.

Qualifying contracts of work

  • Permanent contracts (although Community Jobs Fund funding is only available for 6 months)
  • Fixed term contracts
  • Contracts of at least 25 hours paid employment per week

Excluded contracts of work

  • Any role which is already subject to grant aid or subsidy from another States of Jersey Department
  • Zero hour contracts

Non wage costs:

  • In addition to funding salary costs for Community Jobs Fund roles, funding may be available for an additional non-wage expenditure allowance of up to £1,400 per role. This additional funding is designed to cover costs for job specific requirements such as training, essential equipment or staff supervisory time. Funding may be available in advance of the employee starting work if it can be demonstrated that they will not be able to perform the role without the spend taking place.
  • If you have employed someone through the Community Jobs Fund before and are applying for non wage expenditure for a new Community Jobs Fund role, repeat applications for items that have been previously funded may not be approved.
  • In certain instances if it can be demonstrated that job creation cannot go ahead without funding greater than £1,400, an application for larger amounts can be made to Back to Work. Decisions on additional funding will then be made on a case by cases basis.
  • Examples of acceptable and non acceptable spends under this fund are as follows:

Acceptable

Not acceptable

  • Specific training
  • Equipment purchase
  • Staff supervisory time
  • Contributions in kind
  • GST
  • Payments for activities of a political or exclusively religious nature
  • Interest payments or service charge payments for leases
  • Gifts or entertaining
  • Payments for works or activities which the organisation has a statutory duty to undertake, or that are fully funded by other sources
  • Bad debts to related payments
  • Payments for unfair dismissal or other compensation


Additional types of pay

The Community Jobs Fund will cover salary costs at minimum wage for 25 to 35 hours per week for up to 6 months.

Additional payments such as top up to full time hours, an increase in hourly rate, overtime, bonuses, commission, tips, benefits in kind (e.g. car, uniforms etc) can still be paid to the employee at the employer’s discretion and own funding.

Outline process

  • Employer submits application form requesting approval for a Community Jobs Fund role
  • Back to Work assesses the application and if successful the application is then discussed with the employer (feedback will be provided on unsuccessful applications)
  • Once job description has been finalised Back to Work will advertise the vacancy to target customers and then screen for potential candidates
  • Back to Work sends a selection of shortlisted CVs to the employer
  • Employer notifies Back to Work of interview details and Back to Work arranges interviews directly with client
  • Employer provides feedback on the interviews and selects successful candidate.
  • Employer completes and signs Employer Agreement confirming start date and job offer details and returns to Back to Work
  • A signed copy of the employee’s contract of employment will be sent through to Back to Work once available (no later than 4 weeks after start date). Assistance can be provided to employers to help with creating a contract and Employment Law queries. The employer pays the employee weekly or monthly in line with their normal payroll practices
  • Back to Work advisor provides in work support to employee and employer throughout the period of the role.

Legal position of employer

The employer will recruit candidates in accordance with their normal contract and terms and conditions. Standard probation and notice periods will apply and the employee will have statutory rights and responsibilities under the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.

Employee sickness absence or unpaid leave

The employer will recruit candidates in accordance with their normal contract and terms and conditions. Should the employer not pay the employee for a period, e.g. unpaid leave or sickness absence, then the employer will not be able to claim a salary payment for this period.

If employment ends earlier than planned

Should the need arise, support will be available to employers through the Back to Work team to help the employee overcome any issues in the workplace. Advisors will be working closely with candidates throughout the duration of their role specifically for this purpose. Employers should contact the Back to Work team as soon as an issue arises.

In circumstances where employment cannot be sustained then the employer cannot continue to claim salary costs for the employee and in certain circumstances we may reclaim or request repayment of non wage expenditure.

Legal position of Community Jobs Fund

This is a non-statutory scheme. As such the terms of the Community Jobs Fund can be amended or withdrawn without notice at the discretion of the Minister for Social Security.

It is very much hoped that employers will use the Community Jobs Fund as intended. In particular, it is expected that employers will act in good faith and not release existing staff with the intention of replacing them with new employees under the Community Jobs Fund.

The Minister therefore reserves the right to:

  • Restrict or refuse specific employers from having access to this or future schemes.
  • Withhold or cancel payments to specific employers.
  • Request additional evidence from the employer.
  • Request evidence from the employee.
  • Recover Community Jobs Fund payments incorrectly claimed.
  • Use Social Security contributions data and benefit data to verify claims made under the scheme.

Additionally, circumstances may arise in which an employer claiming a payment under the Community Jobs Fund is being pursued for monies owed to the department. Should this situation arise the Minister reserves the right to offset Community Jobs Fund payments against any monies owed to the department.

As a non-statutory scheme the decision of the Social Security Minister is final.

 


Appendix A: job acceptability criteria

 

Jobs without a clear and demonstrable community benefit will not be successful in the application process.

Questions to ask before applying

It may be useful to use the following questions when considering whether a vacancy demonstrates community benefit:

  • What will be the output of the job and how will that benefit the community?
  • Who will benefit and how many people?
  • If the job does not itself appear to demonstrate community benefit, how far does the job support the creation of community benefit within a wider project?
  • Is there additional community benefit from this job?
  • Would it be clear to the taxpayer or a member of the public that the job is of community benefit?

The following sets out three ways that community benefit could be demonstrated. It is not an exhaustive list, but a job with clear community benefit could include:

Social benefits – for example projects that:

  • Engage with and/or support vulnerable groups
  • Support crime prevention or reducing anti-social behaviour
  • Improve the physical, emotional or mental well being of the community
  • Improve access to services for vulnerable groups

Environmental benefits – for example projects that:

  • Regenerate, renovate or restore public areas, buildings, houses and amenities
  • Promote or support recycling, re-use, or energy efficiency and conservation
  • Promote or support nature conservation
  • Promote an awareness of and respect for the natural environment

Cultural benefits – for example projects that:

  • Extend or improve access to cultural, sporting, or educational opportunities for vulnerable or marginalised groups
  • Encourage or promote understanding between different communities and/or generations

Examples of community benefit applications which will not be successful under the Community Jobs Fund:

  • Where giving a person employment is claimed as the community benefit, by way of providing employment to someone who is otherwise an Income Support claimant. This is not sufficient on its own – this is a necessary requirement of the Community Jobs Fund.
  • “Green jobs” cannot be presumed to automatically have community benefit. While the creation of green jobs is welcome, this does not necessarily mean that a job provides community benefit as its main objective. It is still necessary to describe where the community benefit is in line with the principles above.
  • Jobs will not pass the assessment process if the community benefit has been poorly demonstrated. For example, a sports application which mentions that sports coaching is the community benefit but fails to examine why this is important within the context of the local community.
  • If, for example, a charity shop already has six volunteers in place, turning these into paid roles this would not be providing an additional community benefit on top of what is already taking place. These roles would therefore not be acceptable under the Community Jobs Fund scheme. If however, an additional role meant the shop could open longer and generate more funds for the charity, have an increased social media/marketing presence, enable more collections or deliveries than at present – this would then qualify. 

 

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