Data Sharing Agreement
Between
The Viscount’s Department
and
The Social Security Department
in respect of
Ministerial claims in insolvency proceedings under the Temporary Insolvency Payment Scheme (R.44/2009)
Parties to the agreement:
The States of Jersey Viscount’s Department
Morier House
Halkett Place
St Helier
JE1 1DD
And
The States of Jersey Social Security Department.
P O Box 55
Philip Le Feuvre House
La Motte Street
St Helier
JE4 8PE
Aim of this agreement
The aim of this agreement is to allow the Viscount’s Department to validate the Social Security Minister’s claims as a creditor in insolvency proceedings where the former employees of insolvent employers have assigned their rights to the Social Security Minister in respect of claims to compensatory payment in lieu of statutory notice.
It also ensures that such data sharing will be carried out in accordance with the requirements of the Data Protection (Jersey) Law 2005, specifically Schedule 2, paragraph 6, for the sole purpose of validating and pursuing the Social Security Minister’s claims in insolvency proceedings.
The Temporary Insolvency Scheme
The States of Jersey resolved on 4th February 2009 that they should request the Minister for Treasury and Resources:
(a) to enter into negotiations with former employees of the Jersey branch of Woolworths made redundant following the collapse of the parent company, to seek agreement with them on the assignment to the States of any claims that they may have on the administrators of the company and, providing that these negotiations are successful, to further request the Minister to allocate a sum calculated under the statutory notice terms in the Employment (Jersey) Law 2003 to provide compensation to these employees and if this sum cannot be identified through the reprioritisation of existing heads of expenditure or year-end balances, to request the Minister to bring forward a request under Article 11(8) of the Public Finances (Jersey) Law 2005 for the necessary additional funding to meet the cost of these payments; and
(b) to seek reimbursement of the above sum from the administrators.
(C) Further to this, the States resolved on 24 March 2009 that they should refer to their Act dated 4th February 2009 and request the Minister for Social Security –
(a) to recognise that the above decision of 4th February 2009 constituted a precedent which must be followed in similar cases of redundancy through insolvency in Jersey;
(b) to establish an easily accessible and well-publicised system within the Social Security Department to deliver payments on a similar basis to all Jersey workers made redundant by insolvency from 1st December 2008, and to maintain this system of payments until the Employment (Amendment No. 5) (Jersey) Law 200- relating to redundancy comes into force; and
(c) to liaise with the Minister for Treasury and Resources to agree the most appropriate manner in which to fund the scheme set out above.
Claim for a compensatory notice payment from the Social Security Department
To apply for a compensatory payment, a former employee of an insolvent employer is required to complete a claim form (see Appendix 1). The form includes a declaration of the individual’s consent for the Social Security Department to approach other Government Departments and agencies, as well as relevant Officer Holders in insolvency, in order to validate the information supplied by that individual.
Eligibility for a compensatory payment depends on the claimant’s entitlement to statutory notice pay under the Employment (Jersey) Law 2003. The claimant must not have already received the required period of notice, nor received compensation in lieu of notice from their former employer. The former employer must also be formally insolvent (or, in wholly exceptional circumstances, insolvency proceedings must be underway or inevitable). The full criteria for eligibility are set out in the Social Security Minister’s Report to the States (R.44/2009).
Social Security Minister’s claim to the Viscount’s Department in insolvency proceedings
Each claimant is required (having been afforded the opportunity to first take legal advice) to sign a legal document which assigns to the Social Security Minister the former employee’s right to pursue the compensatory notice payment as a creditor in insolvency proceedings.
Where the right to make a claim in the insolvency proceedings has been assigned to the Social Security Minister, he must present a claim to the Viscount’s Department within the specified time period following the declaration of formal insolvency. The Viscount’s Department requires that the claim includes full and detailed information regarding the compensatory payments that have been made to each former employee.
Data to be shared:
The Social Security Department will provide a schedule of claims in respect of each insolvent employer, and the data to be shared with the Viscount’s Department regarding each claimant will be:
- Name
- Address
- Date of birth if required to identify an individual
- Start date of continuous employment for that particular employer
- Effective date of termination of employment
- Weekly gross pay (prior to insolvency)
- Number of years service at date of termination of employment
- Number of weeks statutory notice entitlement
- Maximum payment entitled to in lieu of notice
- Earnings from employment in weeks 5-8, 9-12 and 13-16
- Other income in weeks 5-8, 9-12 and 13-16
- Total compensatory notice paid to the individual.
The Viscount’s Department may contact the Social Security Department to discuss and verify any of these details in order to validate the claim.
Only personal data (as defined by the Data Protection (Jersey) Law 2005) will be shared. The sharing of sensitive personal data, such as health data, forms no part of this agreement.
Transfer of Data:
Data will be communicated by phone and email, through the secure States network, and will also be communicated by written documents that will be hand-delivered, between authorised, nominated persons only.
Nominated persons
The data is intended to be shared between nominated persons of either party.
For The Viscount’s Department
Lynda Allo – Principal Désastre Administrator
Belinda Cave – Senior Désastre Administrator
Lynne Vautier – Désastre Administrator
For The Social Security Department
David Rose – Customer Services Director
Marion Gouyette – Customer Services Manager
Kay Wagner – Work Zone Team Leader
Kate Morel – Policy Principal
Mark Richardson – Policy Principal
Security of data and confidentiality
Generally, neither party will use the information for any purpose other than the purpose stated in this agreement. Personal data relating to claimants will not, other than in confidence with legal and/or financial advisers in order to progress claims, be disclosed to any other party other than with the individual’s consent or with appropriate authorisation from the relevant data controller. However, it is acknowledged that, the Viscount’s Department may need to share such data with its legal or financial advisors on a strictly confidential basis.
The Viscount’s Department will retain only such data as is required to validate the Social Security Minister’s claim in insolvency proceedings, for as long as it is relevant to the administration of such proceedings or any rule of law or best practice requires.
Consent
When a claim for a compensatory notice payment is made, the Social Security Department obtains consent to contact the Viscount’s Department through the application form. Claimants are required to sign a declaration which includes the following statement:
- You may check this information with my former employer, their representatives, the relevant office holder in insolvency, and other government departments and agencies, as well as any new employer that I work for during the period of notice.
Access of data
Either party will assist the other in the execution of any requests for information from individuals, as if the request were made to them directly.
Review Arrangements
This agreement will be reviewed after one year.
Approved By: ………………………………
For the Viscount’s Department
Date:………………………………………….
Approved By: ……………………………….
For the Social Security Department
Date: …………………………………………
Protocol Drafted | 18 August 2009 |
Kate Morel Policy Principal Social Security Department |
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Protocol Reviews |
Date |
Reviewed By |
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