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Right to Representation in Disciplinary and Grievance Hearings

01 November 2007

An amendment to the Employment ( Jersey ) Law 2003, will come into force on Friday 2 November 2007 giving employees the right to be represented in the event of formal disciplinary or grievance proceedings by a fellow employee or trade union official.

The right is limited so that it only applies in certain formal types of hearing; however there are penalties if employers fail to allow their employees to be represented in accordance with the Law.

This amendment will also require that an employee must be given by his or her employer a written itemised pay statement.  As previously drafted, the Employment Law required that a pay statement must be given only if an employee had requested it.

The States approved the amendment to the Law earlier this year and the Social Security Minister, Senator Paul Routier, has revised the “Disciplinary and Grievance Practice and Procedures” code of practice, which reflects this new right to representation.

Senator Routier said, “I hope that both employers and employees welcome the changes which continue the development of employment legislation in the Island; reflect procedures already operating successfully in other countries, and will contribute to good employment relations.” 

The revised code of practice and a guidance note on the right to representation are available on the JACS website http://www.jacs.org.je/.  The Employment (Amendment No.3) (Jersey) Law 2007 can be found at http://www.jerseylegalinfo.je/

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