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Employment Tribunal - Appointment of Members

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 December 2011:

Decision Reference:  MD-S-2011-0101

Decision Summary Title :

DS Tribunal appointments

Date of Decision Summary:

13 December 2011

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR P Tribunal appointments

Date of Written Report:

13 December 2011

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: States Proposition - Appointment of Employment Tribunal Members

Decision(s): The Minister decided to lodge a Proposition requesting that the States appoint the following proposed new members to the Employment Tribunal, each for a five year term, in accordance with the Employment Tribunal (Jersey) Regulations 2005, as amended.

 

Mrs Angela Swindell as an employee representative Side Member from 1 February 2012.

Mr Ian Carr as an employer representative Side Member from 1 February 2012.

Mr Tim Allen as an employer representative Side Member from 1 April 2012.

 

Reason(s) for Decision: The Employment Tribunal (Jersey) Regulations 2005, as amended, require that members are appointed by the States on the recommendation of the Social Security Minister, following consultation with the Appointments Commission.  A number of positions that had (or are shortly to) become available on the Employment Tribunal were openly advertised and interviews were undertaken, overseen by the Jersey Appointments Commission. The Minister for Social Security is satisfied that the proposed members detailed in the written report have the necessary qualifications, knowledge and experience.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to ask the Greffier of the States to arrange for the Report and Proposition to be lodged ‘au Greffe’ for States debate on 31 January 2012.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Employment Tribunal - Appointment of Members

PROPOSITION

 

THE STATES are asked to decide whether they are of opinion 

 

 to appoint, further to a process overseen by the Jersey Appointments Commission and in accordance with the Employment Tribunal (Jersey) Regulations 2005, as amended, the following persons as members of the Jersey Employment Tribunal, each for a period of 5 years 

 

 

Mrs Angela Swindell

Mr Ian Carr

Mr Timothy Allan

 

 

 

 

MINISTER FOR SOCIAL SECURITY


REPORT

 

Background

 

The Employment Tribunal (Jersey) Regulations 2005, as amended by the Employment Tribunal (Amendment No. 2) (Jersey) Regulations 2011, set out the composition of the Jersey Employment Tribunal and the terms of appointment of its members.  Members may hold office for two terms, each term not exceeding five years.

 

An Employment Tribunal panel consists of a legally qualified Chair with two Side Members; one from a pool of eight “employee” representative Side Members who have knowledge or experience of or interest in trade unions or matters relating to employees generally, and one from a pool of eight “employer” representative Side Members who have knowledge or experience of or interest in employers’ associations, or matters relating to employers generally.

 

The recruitment of members must be overseen by, and conducted in accordance with the guidelines produced by, the Jersey Appointments Commission. Members are appointed by the States on the recommendation of the Minister for Social Security, after consultation with the Jersey Appointments Commission.

 

The Employment Tribunal has two current vacancies and one forthcoming vacancy for Side Members.  After a period of open recruitment and structured interviews that were chaired by a representative of the Appointments Commission, three new Side Members were proposed for the Minister’s approval. The Minister is satisfied that the appointees have the required knowledge or experience.

 

It is proposed that initial terms of five years are offered, as follows;

 

-          Mrs Angela Swindell as an employee representative Side Member, from 1 February 2012.

 

-          Mr Ian Carr as an employer representative Side Member, from 1 February 2012.

 

-          Mr Tim Allen as an employer representative Side Member, from 1 April 2012, to replace member who is resigning effective from 31 March 2012.

 


APPENDIX

 

Mrs Angela Swindell

 

Having taught for over 30 years in a variety of schools, Mrs Angela Swindell is currently retired, but is an occasional supply teacher. In her most recent employment, Mrs Swindell was a teacher of Geography and Religious Education at Victoria College from 1998 to 2010. During that time, Mrs Swindell was President and Negotiating Secretary of the Association of Teachers and Lecturers, Jersey, and was involved in the negotiation of pay settlements and terms and conditions of employment. During that time, Mrs Swindell was also a Victoria College Housemaster and School Governor. Other positions that Mrs Swindell has held include; member of the Teachers and Officers Liaison Group, Chair of the Jersey Teachers’ Panel and member of the Education Consultative Council which she frequently chaired from the employee side.

 

 

Mr Ian Carr

 

Mr Ian Carr is the Managing Director of Carrdian Consulting Limited, an independent management consultancy business, and is a member of the Institute of Directors. From 1975 to 2011, Mr Carr worked for Jersey Post, starting as a postman from 1975 to 1991, during which time he was a union official with the Communication Workers Union and became the Jersey Branch Secretary in the late 1980’s. On moving into management in 1991, Mr Carr progressed through a number of operational management positions and was ultimately appointed as Group Chief Executive Officer in 2010. With over 400 employees at Jersey Post, Mr Carr’s experience has included staff management, engagement with trade unions, planning, redesign and introduction of new business processes. Recently he was responsible for developing and implementing a Strategic Business Transformation Plan to secure the future sustainability of Jersey Post.

 

 

Mr Tim Allen

 

Mr Tim Allen has been employed at a senior level in the Law Officer’s Department since 1999 and is the Director of Finance and Administration. Mr Allen has experience of judicial proceedings and human resource management and, as the Accounting Officer for the Department, he is responsible for financial management. As a trained HAY job evaluator, Mr Allen sits on evaluation appeal boards to review independently job evaluation decisions. Mr Allen is also a trained investigator of workplace incidents, such as bullying and harassment, and is an assessor of candidates undertaking States of Jersey recruitment training. In his early career, Mr Allen was a teacher of hearing impaired children for 19 years, culminating in 1996 as Teacher in charge of the Partially Hearing Unit at Grainville School.

 

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