People Services policy toolkit

Show all updates

About the toolkit

This toolkit includes reference items that apply to public service people policies.

Reporting a concern

The following provides information and guidance to employees who wish to report a concern. This guidance is generic and applies to several policies, which are listed.

If your concern is minor and you feel able to, in the first instance it is best to speak to the other person to explain the situation and how it made you feel. It can be helpful to describe the day, place, meeting, or event that took place so that the other person can be clear about the concerns.

Speak to your line manager

For any concerns relating to:

Dignity and Respect at Work
Resolving Grievances

We encourage you to speak to your line manager at the earliest opportunity. Workplace issues should not be ignored or left to fester. If your issues relate to your line manager, you may find it more appropriate to speak to your line managers manager.

Speak to HR Case Management team

You can also speak to either of the following in confidence:

HR Case management email HRcasemanagement@gov.je
Tel: +44 (0) 1534 440055
Health and Community Services HR team

The Speak-up line

You can also contact the Speakup Line for any concerns relating to:

Dignity and Respect at Work
Whistleblowing

Your concern can be raised any day, any time throughout the year on the Speakup Line, currently provided by Navex Global/Ethics Point. This ensures there is a uniform and consistent log of all formal bullying and harassment and whistleblowing concerns. The speak up line is completely independent from the Government of Jersey. All the operatives will be fully trained and able to offer help and guidance as to how you wish to progress your concern.

There are two ways to contact the speak-up line:

by free phone 0800 069 8007
using the website Speakup Line. We recommend that you take a note of any incident and any subsequent informal conversations after they happen

What happens next

Refer to how will the concern be dealt with in the policy for information on how your complaint is dealt with.

Informal approach

The following provides guidance on informal resolution and how line managers can approach it when dealing with various concerns at work. It also provides guidance on how employees can informally resolve some issues.

What is the informal approach?

The informal approach means taking steps to resolve any workplace concerns, without using a formal procedure. Cases of minor misconduct, minor grievances or unsatisfactory performance and behaviour are usually best dealt with informally as early as possible.

Informal approaches may include the following:

Facilitating a discussion between both parties

The term both parties refers to the person reporting the workplace concern and the person who the concern is about. Before arranging this meeting, ensure that everyone has been met with separately first, to make sure they're all willing to meet to try to resolve the complaint.

Informal meetings

The informal meeting is one of the most effective ways to resolve a workplace concern. Early resolution offers a chance to develop dialogue; for all parties to hear each other; to nip a concern in the bud; and to identify a suitable way forward.

We all know that handling a workplace conflict can seem daunting and that emotions may be running high. However, experience has shown that the earlier a concern can be resolved, the less stressful and impactful it can be on all parties.

We expect all managers to have the confidence and the skills to address concerns early and to encourage a culture of early resolution.

How managers can get the best outcome from an early resolution meeting:

create a safe space by setting out and agreeing guidelines for the meeting: respect, openness, honesty, listening to one another
listen actively – identify the needs, goals and expectations of the other person and summarise regularly
summarise back what you have heard
be clear about your needs, goals and expectations
remain impartial, neutral, objective and empathetic
be open and honest and encourage openness and honesty in others
de-personalise the situation – don't attack the other person or blame them
avoid reacting defensively to criticism. This is hard, but it is possible to do. You don't have to agree with everything the other person has said but take the feedback on board. This models an open mindset, and it encourages openness in the other person
identify and build on the positives in your working relationship rather than focusing only on the negative or challenging elements
write an action plan with SMART objectives clarifying what, if anything, has been agreed. This might include:

Things you both agree to stop doing
Things that you both agree to start doing
Things you both agree to continue doing

How employees can get the best outcome from an early resolution meeting:

The following section provides guidance on how to get the best outcome from an early resolution meeting with your manager or a colleague:

the best way to resolve any concerns, is directly between the parties involved who participate in a process called adult to adult dialogue
everyone understands that raising an issue with a manager or a colleague can be a stressful and difficult task. However, it is important that you act quickly and avoid letting issues or concerns build up or fester. If you need support, the resolution champions are available to help you prepare for the conversation
avoid discussing the issue with work colleagues or others. They may have your best intentions at heart but gossiping can result in positions hardening and rumours spreading. That makes a situation a lot harder to resolve further down the line
in the past, people may have been advised to put their concerns down in writing. We now advise people, where possible, to engage in direct dialogue as quickly as possible. Putting concerns down in writing or sending emails can be inflammatory and can make a situation harder, rather than easier, to resolve
in the early resolution meeting, here are five useful tips to help you get your point across constructively:

avoid blaming the other person for what has happened
explain what you have observed happening and how it has made you feel
explain what you need to happen to make the situation better
make requests of the other person rather than making demands
listen to them when they are talking and avoid interrupting them

Talking to someone privately

After looking at the workplace issue, the line manager may think that the best way to resolve the issue is by talking to some of the people involved. Sometimes talking with the people involved in private, separately can help to repair working relationships and make clear what counts as acceptable behaviour.

Five day fact find

Five day fact finds form part of the informal process. Line managers will carry these out to establish severity of the situation and to determine whether an investigation is warranted. They should be conducted within 5 days of the allegation being raised, or when reasonably possible.

A fact finding exercise should be a quick, easy and accurate way to establish the facts of the matter. They should be used to allow for, and support with swift resolution. This is not a formal investigation but can be used to help line managers determine what next steps need to be taken (if any).

The results may be sufficient to establish that there is no misconduct, or that the results of any further investigation are unlikely to provide any clear determination.

It is extremely important that employees are made aware that a fact finding process is simply that – not accusatory but only to gather information. In the event it proceeds to formal action (see below), the fact find will not be used to determine terms of reference, and the formal process will be followed as laid out in policy.

Outcomes of five day fact find include, but not limited to:

no further action - if it's established there is not enough evidence to justify progressing to a full investigation, or no grounds for any discussion to be held between parties
informal action - the matter has been upheld however, can be dealt with through informal action under the relevant policy
formal action – There has been sufficient information gathered during the fact find process to determine that a more thorough investigation is needed and to proceed to the formal investigation process under the relevant policy
policy or procedural change - It may have been recognised as part of the fact find that there is a gap in a process within the department that led to this allegation being raised; in this situation, a review of the process and policy needs to be done to prevent re-occurrence

Guidance as to what information to gather to support a decision on the next steps:

Confirm and list the specific allegations raised.
Establish the facts of the incident; when and where did it happen, what task was being done, who was involved and were there any witnesses.
Establish agreed and disputed facts.
Can any of the facts be confirmed as being true or false?
Potential sources of evidence to corroborate or support the facts in the event of formal action. This is to ensure the data/information will be available (for example, rotas to confirm dates, emails, record of training, CCTV and incident reports, anyone who may be aware or have observed the incident or situation).

Mediation

Mediation is based on the principle of collaborative problem-solving, with a focus on the future and rebuilding relationships, rather than apportioning blame.

Mediation can be a way to successfully resolve concerns informally, where other parties are involved. Mediation is a confidential, facilitated meeting between you, and the other person or persons, and an independent, impartial mediator.

The mediator is not there to judge, to say one person is right and the other wrong, or to tell those involved in the mediation what they should do. The mediator is in charge of the process of seeking to resolve the problem but not the outcome.

Mediation is a completely voluntary and confidential form of resolving workplace concerns.

Mediation can be used to resolve several issues such as:

bullying and harassment
breakdown in communication
personality clashes
repair working relationships

The aim of mediation

Mediation is flexible and less formal and is a positive opportunity to resolve concerns. Mediation seeks to achieve:

exploring the issues, feelings and concerns of all participants and rebuilding relationships using joint problem-solving
allowing those involved to understand and empathise with the feelings of those they conflict with
giving participants insights into their own behaviour and that of others and opening opportunities for change
helping participants develop the skills to resolve workplace concerns for themselves in future
encouraging communication and helping the people involved to find a solution that both sides feel is fair and offers a solution that favours them
using energy generated by conflict in a positive way to move things on

When to use mediation

Although mediation is available, it must not be used as a first resort because individuals should be encouraged to talk to their line manager, or each other, before they seek a solution via mediation. Line managers have a responsibility to try and resolve any grievance/concern informally first, through dialogue and exploring the issues to try to find a solution.

Mediation can be successful if all parties are willing to participate fully in the process and genuinely want to repair the working relationship. It is a voluntary process, so you and the other person have a choice about whether you want to participate. It is entirely acceptable for either party to decide not to participate in mediation and the decision will not impact any formal process.

Mediation is also available throughout the formal procedure, but only if all parties are in agreement to use it as a method to resolve the work place concern. All parties must also be in agreement that the formal procedure can be stopped/paused whilst mediation is undertaken.

When mediation may not be suitable

Mediation may also not be suitable if:

it is used by a manager to avoid managerial responsibilities
a decision about right or wrong is needed, for example where there is possible criminal activity
the individual bringing a discrimination case or harassment case wants it investigated
someone has learning difficulties that would impair their ability to make an informed choice
an individual is particularly vulnerable
the parties do not have the power to settle the issue
one side is completely inflexible and using mediation will only raise unrealistic expectations of a positive outcome

The role of the mediator

The mediator is an independent, impartial person who aims to help two or more individuals reach a solution to a workplace dispute. Mediators may be employees trained and accredited by an external mediation service who act as internal mediators in addition to their day jobs or they may be from an external mediation provider.

We have ACAS trained mediators within the organisation and sometimes external, third-party mediators are used. People Consultancy Services will be able to appoint a mediator to deal with any concerns. If for any reason you are not happy with the mediator who has been appointed, you will be provided with an opportunity to request that the mediator be changed.

Mediators do not make judgments or determine outcomes - they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute.

There are two parts to mediation: a separate meeting and a joint meeting.

The Separate Meeting

The mediator will initially meet parties separately. The aim of this first meeting is to allow for the mediator to listen to your concerns, answer any questions about the process and explain how mediation helps resolve conflict and whether or not you would like to go ahead with mediation

The Joint Meeting

If the mediator decides to proceed, both participants will be brought together to talk, listen and work together to resolve their workplace concerns. The mediator will ensure that each person has uninterrupted time to say all that they need to say and to work through any concerns that arise from this and aim for a better understanding between yourselves of these concerns

The mediator will begin to summarise the main areas of agreement and disagreement and draw up an agenda with the parties for the rest of the mediation. The mediator will then aim to;

explore the issues: having identified the issues to explore, the mediation is now about encouraging communication between the parties, promoting understanding and empathy, and changing perceptions. The aim of this part of the meeting is to begin to shift the focus from the past to the future and begin to look for constructive solutions
build and write an agreement: as the process develops, the mediator will encourage and support joint problem-solving by the parties, ensure the solution and agreements are workable and record any agreement reached
close the mediation: once an agreement has been reached, the mediator will bring the meeting to a close, provide a copy of the agreed statement to those involved and explain their responsibilities for its implementation

In some cases, no agreement is reached, and other procedures may later be used to resolve the conflict. However, it is important to note that nothing that has been said during the mediation can be used in future proceedings.

Duration of mediation meetings

The time taken for the mediation itself, as with the overall process, will vary depending on the number of people involved and the nature of the concern.

For those taking part it could be an intense experience, and they will need time to move through different emotional states in order to reach a position where they can empathise sufficiently with the other party to reach a lasting agreement.

Once the mediator has spoken to the parties, they may have a clearer idea of the minimum time needed. It may be that several different meetings are needed over a period of a few weeks, but it is advisable to set aside a whole day in the first instance.

It may also be preferable to leave some time (from a couple of days to a week) between the separate meetings and the joint meeting to give the parties (and the mediator) time to reflect on what happened in the first meeting and to consider how they wish to proceed at the joint meeting.

Location of meetings

Where the mediation takes place is fundamental to the process. Finding a suitable room offsite in a neutral location can help to protect confidentiality and to remove parties from the environment associated with the conflict.

There should be a break-out room if things become heated to allow parties time out from what can be a demanding process. If a neutral location is not available, at the very least it is helpful to have the meeting in a different office, particularly so that colleagues are not aware that a confidential mediation is taking place.

If mediation breaks down

If at any point during the proceedings one of the parties wants to withdraw from the mediation for whatever reason, the mediator will inform the co-ordinator that the mediation will not proceed but will not indicate why or who has decided to pull out.

There might also be situations where the mediator feels that mediation should be stopped. This might happen if:

it becomes clear that the situation is serious enough that it should be a formal grievance, rather than a mediation
one party's behaviour is unacceptable
one party becomes too distressed to continue

Confidentiailty during mediation

Anything said during the mediation is confidential to the parties, and anything said that the parties would not otherwise have known cannot be used in any other context. They may choose to reveal some or all of what has occurred during the mediation to colleagues, or their managers, but only if all parties agree. Typically, this agreement to share would cover situations where others need to be involved as part of the agreement, for example if a manager needs to agree training. The only non-voluntary exceptions are where, for example, a potentially unlawful act has been committed or there is a serious risk to health and safety.

The agreement is for the individuals to take forward and agree. There is no further input from the mediator if there are issues down the line regarding the agreement. Your mediator will provide you with a mediation confidentiality agreement.

Outcomes of mediation

Mediation may end in an agreement between the parties or there may be no agreement, even where there has been no breakdown in the process. However, the line manager or mediation co-ordinator will not be informed of the outcome or content of any agreement unless the parties have both agreed to it.

It may be that the manager notices an immediate improvement in relations or relations may improve over a period of weeks or months, because it may take time for behaviour to change.

On the other hand, it may not improve at all or even deteriorate further. It may be worth using mediation again in the future or it may be that more formal procedures need to be brought in.

At the end of a successful mediation, the individuals involved may not be firm friends, but they will have a professional working relationship.

Line manager responsibilities

14 day response period
Line managers have a responsibility to initiate a 14 day response period, where informal approaches are explored with the aim of resolving any workplace concerns, as swiftly as possible, to the benefit of all those involved. Whilst it is expected that line managers will initiate a 14 day response period, it is possible that the informal approaches initiated, and successful resolution may take longer than 14 days.

We recognise that sometimes due to the working patterns of some individuals or areas (generally those working shifts) or annual leave commitments, that it may be difficult for a line manager to initiate or conclude the intervention period within the suggested 14 day timescale. Line managers will make every effort to address any workplace concerns, as soon as individuals are back in the workplace. It is the employee's responsibility to help repair working relationships after any process has concluded. This 14 day period may include a fact find.

What is expected of employees during the informal approach?

Resolving Grievances and Dignity and Respect at Work

The Government of Jersey encourages all employees to try to resolve any workplace concerns informally first wherever possible. Therefore, you are expected to be open to any of the informal approaches proposed and to give them a chance to run their course. This gives the best opportunity for a successful outcome for all parties. A request to transfer to the formal approach by either party should only be made after the 14 day intervention has been attempted and should be seen as a last resort.

Dignity and respect at work policy

Resolving grievances

Outcomes of the informal approach

If no action is needed

If the line manager feels that the workplace concern has been resolved, they may decide that there is no need for any action or further steps. If this is the case, they should:

keep a written record of this decision and the reasons why
update the person who raised the workplace concern, and explain why they have decided that no action is needed

Concern has still not been resolved

If the workplace concern cannot be resolved informally, you or your line manager might decide to take it further as a formal complaint, in which case the formal approach would be used.

The informal approach has led to a successful resolution, but inappropriate behaviour continues

there may be circumstances where, although an informal approach has led to a successful resolution, the inappropriate behaviour happens again at a later date(s)
subsequently, a line manager may find themselves in a situation where they are addressing the same inappropriate behaviour multiple times over a longer period. In this situation, it may be appropriate to proceed with informal action through the disciplinary policy, or to initiate the formal approach. HR Case Management (hrcasemanagement@gov.je) can provide advice and guidance in these circumstances

File note guidance

A file note is a way of communicating areas where an improvement is needed, or a concern identified and ensures that a record is kept. This can help overall communication and improve standards of conduct and performance without the need to enter the formal procedures.

File notes should be discussed with the employee - not just handed to them as it is important the employee is fully aware of why it is being issued and is clear about what is required.

It is important to remember that a file note does not form part of any formal procedure but can be referred to when considering whether to proceed with formal action and will be kept on an employee’s personnel file. If further incidents arise it may be taken into consideration in deciding whether formal action should be taken. 

For example, if an employee has been issued with two file notes for poor time keeping and the employee continues to be late, the file notes will support the manager to decide when it will be appropriate to commence formal disciplinary action.

Generally, if an employee is involved and clearly informed of any concerns, where improvement is needed and what is required, they will address this. The file note provides a mechanism to achieve this and can help avoid having to take formal action.

If an employee has any concerns, they should raise this with their manager or appropriate delegate as soon as possible. If after raising with or being unable to raise with manager, the employee still has any concerns, they should raise this with their line managers manager or HR case management.

File note template

Formal approach

When is the formal approach used?

The formal approach can be used if the informal approach has not resolved the situation. We recognise that the decision to raise a formal concern is not easy, so we will ensure that you are supported throughout this process.

How to start the formal approach for Dignity and Respect at Work

Concerns must be submitted using the Speakup Line or alternatively you can submit this in writing to your line manager.

If your concern relates to your line manager, or your line manager has been unable to successfully resolve it at the informal stage, it should be submitted to your line manager's manager or hrcasemanagement@gov.je.

How to start the formal approach-Resolving Grievances

If you are raising a formal Grievance, you should complete the raising a formal grievance form and send this to your line manager.

Formal Grievance Form

How to start the formal approach for Whistleblowing

Concerns must be submitted using the Speakup Line.

For any serious concerns relating to whistleblowing, you can also raise these with the following:

Chief Officer of your department
Group Director of People and Corporate Services
through the Speakup Line

Investigations

Investigations are undertaken following our investigation framework. This framework is used for any issues related to workplace concerns.

Guidance on our investigations process

What happens next?

When you have submitted your concern, you will receive written acknowledgment within 2 working days. Your concern will then be passed to a case manager within the HR case management team, who will provide support and policy guidance.

Disciplinary general rules and performance

Every employee is expected to combine prompt and efficient service to both internal and external customers with a concern for the feelings of others. Employees are expected to act in a manner whilst at work and outside work which does not discredit or harm the reputation of the Government of Jersey. The following are examples of behaviour which may be regarded as warranting disciplinary action (but not an exhaustive list). While a first breach of the following general standards of performance and conduct would not normally result in dismissal, continued breaches, after warnings and opportunities to improve, could cumulatively do so.

Employees are expected to combine prompt and efficient service with a concern and respect for the feelings of others, including patients, visitors, and colleagues, whatever their background. As a minimum all staff are expected to:

treat everyone in line with our behaviours and values
always maintain privacy and confidentiality
wear an identification badge that is visible to the public
avoid using offensive or threatening language

Employees are expected to attend work unless they have prior permission to be absent. In cases of sickness or absence in line with the special leave and/or managing attendance policy, the responsibility lies with the employee to inform their line manager as soon as possible and no later than the start of their shift, in accordance with departmental notification rules within the relevant policy.

Any staff undertaking other employment outside their contractual hours (including secondary employment) must ensure that this in no way hinders or conflicts with the interests of their employment with the Government of Jersey or their duty to abide by their professional code of conduct (as appropriate) or has any adverse effect upon their performance of their duties. Employees should request permission from their line manager for employment outside working hours to prevent a possible conflict of interest.

During sickness absence, employees are expected to keep management informed of their progress and likely date of returning to work. Sickness certificates must be submitted in line with requirements laid out in the relevant Managing Attendance policy.

Examples of misconduct

The following are examples of which may be considered as minor, serious, and gross misconduct. This list is not exhaustive, there may be other behaviours which may also warrant disciplinary action and it should be used as a guide. In all cases, the severity of the breach of contract will determine the stage at which the disciplinary procedure is entered, and the level of disciplinary action taken.

Minor misconduct

Examples of minor misconduct are as follows and can be dealt with through the informal route

This list is not exhaustive:

Poor timekeeping

Persistent poor timekeeping including arriving late, leaving early, without prior arrangement or taking unauthorised and/or extended breaks.

Poor attendance

Including persistent, unauthorised, or unreasonable absence, failure to comply with the absence notification and authorisation procedures and any abuse of the entitlement to sickness leave. See Managing Attendance policy.

Performance of duties

All employees must carry out appropriate instructions or reasonable requests promptly and efficiently. Failure to follow Government of Jersey policies and procedures or a reasonable management instruction may lead to disciplinary action. Any concern about the practicality, legality or safety of an instruction must be raised with the employee's immediate line manager.

Misuse of Governments facilities & property

Employees must not misuse or abuse the Government of Jersey's property, time, or equipment; the list below is not exhaustive but provides an indication of behaviour which may lead to disciplinary action:

excessive use of land line for personal calls, local or international
inappropriate use of laptops or mobile phones owned by the Government of Jersey
misuse of any Government of Jersey property or vehicles

Conflict of interest

Employees must fully disclose any external interests, which may potentially be considered to, or potentially could, conflict with the interests of the Government of Jersey and declare any conflict of interest between their work responsibilities and any personal relationships. Specifically, employees involved in the recruitment and selection of staff must declare if there is any relationship with prospective candidates which could influence their decision.

Appearance and personal hygiene

All employees are expected to wear clothing appropriate to their occupation. Where departmental rules exist about clothing, safety, or hygiene then they must be observed.

If there is no set dress code/uniform, all employees should consider that whilst they may not directly be customer facing, they do pass through public areas and should consider the impression they may give to the general public.

Serious misconduct

Confidentiality

All information, including manual records, data stored electronically and verbal exchanges, either overheard or otherwise relating to the activities and customers of the Government of Jersey must be always considered confidential. Breach of confidence or failure to maintain adequate safeguards of confidential information could lead to disciplinary action.

Employees must not talk about confidential matters in public places and must always consider that they may be overheard when having a private conversation whilst using mobile telephones or overseen whilst using a laptop or tablet device whilst on Government of Jersey's business or otherwise.

Data users with access to information defined under the Data Protection Legislation must be aware of their responsibilities to safeguard that information.

Health and safety

Employees have a duty to take reasonable care to avoid injury to themselves and to others by their work activities. Employees must observe any health and safety policies which apply in their work area and must use any personal protective equipment which is provided in an appropriate manner. Refusal to comply with, the deliberate disregard of, or a serious breach of health and safety rules may lead to disciplinary action. Any concern about the safety of a work process or equipment must be raised with the employee's immediate line manager.

General conduct

Acting in a discreditable or disorderly manner or in any manner, whether in or out of work, likely to bring discredit on the reputation of the Government of Jersey may lead to disciplinary action.

Gross misconduct

Gross Misconduct describes exceptionally serious offences, and where the Government of Jersey considers that the breach may warrant summary dismissal even though the offence may be a first breach of discipline and an earlier warning has not been given.

Examples include, but are not limited to the following.

Theft, fraud and dishonesty

any instance of theft or attempted theft, be it property, time or services from the Government of Jersey, colleagues, or the public
fraud or embezzlement including the falsification of time sheets, sick pay or expenses claims and the falsification of qualifications to secure employment
being in possession of illegal substances whilst on Government of Jersey premises
misappropriation or wilful or knowing misuse of official transport, funds, or property
knowingly or negligently making false or misleading statements, whether in writing or not, in the course of duties
without sufficient cause, destroying or mutilating any official government document book, computer data or document or altering or erasing any entry in such a document
wilful or knowing misuse of authority for personal advantage or gain

Corruption

Including the receipt of money, goods, favours, or excessive hospitality in respect of services rendered.

Serious misrepresentation

Any serious misrepresentation including completion of pre-employment health questionnaires, qualifications, previous employment records, falsification of date of birth, failure to disclose any unspent convictions if disclosure is a requirement for the post.

Aggressive behaviour

Any aggressive behaviour; verbal or physical assault or deliberate provocation, including abusive or offensive language to another employee or member of the public.

Being unfit for duty

An employee must not render themselves unfit for duty through drinking alcohol, using illegal or recreational drugs or the misuse of other substances, or by being asleep on duty.

Breach of codes

Any serious breach of the Codes/Directions or other Standing Orders; the wilful or reckless breach of any code of conduct, rules or regulations issued by any statutory or regulatory body to which the Government of Jersey and/or its employees are subject.

Negligence and malpractice

Includes any action, omission, or failure to act which threatens the health and safety of a member of staff, customer, or member of the public.

Malicious or wilful damage to property

Any deliberate damage to property, including furniture office equipment, computers, laptops, or vehicles belonging to the Government of Jersey, customers, members of the public or colleagues.

Confidentiality

Any breach of confidentiality of information relating to property, staff, services, tenders, contracts etc. including breach of the Data Protection Legislation.

Engaging in political activities

A politically eligible employee must be careful not to participate in political activities in a manner that might constitute gross misconduct, and which might render them liable to disciplinary action. Such misconduct is described as follows:

commenting on existing Government of Jersey's Policies in an immoderate manner
engaging in personal attacks on members of the Government of Jersey
using for political purposes information that the employee was only able to obtain because they are a Government of Jersey employee

Even in the case of an employee not seeking election, a similar approach would be applied where an employee takes a public part in a political matter and behaves in a similar manner to that described above.

Politically ineligible employees must not address electors or stand or announce that they propose to stand as a candidate for election to the Government of Jersey, nor can they publicly support the candidature of any person standing for election to the Government of Jersey. They may not take a public part in political activities other than to exercise their statutory right of voting.

Misuse and inappropriate use of applications, email, internet, or social media

Any inappropriate use of Social Media networks, the internet, or email system for purposes unrelated to the work of the post holder. This includes posting of any inappropriate pictures or comments on any publicly accessible website both during and outside of working hours.

Contravention of a duty restriction under the law/loss of legal entitlement to practice

There are a number of posts where it is essential that the employee is registered with a professional body. It is the responsibility of the individual employee to maintain registration and where an employee fails to meet statutory requirements then the contract of employment will be terminated.

In the interest of protecting service uses, the Government of Jersey will report to the relevant statutory body concerns about an employee's professional unfitness to practice.

Criminal offences outside of employment

Criminal offences which take place outside of employment may be relevant to employment with the Government of Jersey and therefore it is a requirement of every employee to notify the Employer of any criminal/police investigation or criminal charge brought against them.

The fact that an employee has been charged, remanded in custody, or convicted of a criminal offence not related to their employment, will not be regarded as an automatic reason for dismissal or other disciplinary action. The main consideration will be whether or not the offence is one which makes the individual unsuitable for continued employment with the Government of Jersey.

An investigation into the circumstances of the case will take place. In the case of criminal offences not directly related to the employee's work, it will be for the line manager to decide according to the circumstances whether the offence has a bearing on the employee's suitability for continued employment in the post.

The above list comprises examples of behaviour which may lead to disciplinary action. The list is not exhaustive, and the Employer reserves the right to determine whether inappropriate actions may lead to disciplinary action.

Right to be accompanied

About

By law, any employee can bring one person to a formal meeting. This is known as the right to be accompanied. An employee can be accompanied by one of the following:

a trade union representative of the member's choice
a workplace colleague. This can be anyone from within the Government of Jersey but should not be a family member or legal representative.

What the person who accompanies you can do

With the permission of the person raising the concern, the workplace colleague or representative is allowed to:

take notes
set out the case of the person raising the concern
speak for them
address the hearing in accordance with the wishes of the employee
talk with them during the meeting
question witnesses if required

What the person who accompanies you cannot do

The person accompanying you cannot:

act in any legal capacity
answer questions put to the person raising the concern
prevent anyone else at the meeting from explaining their side of things
address the hearing if the employee does not wish it

Under discrimination legislation, employers must make reasonable adjustments to accommodate an employee with a disability. This may mean flexibility in agreeing to a companion such as a support or care worker in addition to a trade union representative or workplace colleague.

Confidentiality

We want to ensure that if you raise a workplace concern, you are comfortable in doing so. All support, advice and guidance sought from the organisation will be done on a completely confidential basis.

We recognise that it is natural to want to speak to colleagues about the issues that you are experiencing, however confidentiality and discretion can safeguard this procedure, benefitting all of those involved. A failure to maintain confidentiality and act with discretion could be detrimental to a formal process, therefore if you are participating in a formal investigation or hearing process, we will remind you that you must keep matters confidential and only discuss with your nominated workplace colleague/companion/union representative. Any breach of this information may result in disciplinary action.

Confidential outlook invites sent relating to a concern need to be sent set to private. Subjects of invites will be public so ensure sensitive data such as names and personal details are not entered in this field.

If a hearing needs to take place (for example an internal hearing), the paperwork exchanged to all parties will include the investigation report, and witness statements taken during investigation interviews. These may be redacted as necessary in accordance with relevant data protection requirements; however, the allocated case manager from the HR Case Management team will advise.

If an allegation that has been raised against another employee is upheld, as this matter is confidential, you will not be made aware of this and any associated outcomes.

In informal matters, we also encourage all colleagues to be mindful of who you choose to speak to and use the relevant wellbeing sources we have available to you during this process. Wellbeing resource can be found for public servants on MyStates.

If you need additional support, please speak to your line manager, the case manager or the commissioning manager for the case.

Records Management

Warnings (including informal action)

These should be forwarded to hrcasemanagement@gov.je to be saved in the internal personal file which is only accessible by HR.

Glossary

A

Accountabilities

Ensuring compliant application of relevant policy, code and procedure within a department and as part of a specific role.

Agency basis

The contract of employment is with the employment agency, and the temporary assignment is with the Government of Jersey. Whilst on an assignment, the Government of Jersey is responsible for directing the work.

Appeal

A structured process that enables an employee to request that a decision of a formal process is reviewed and reconsidered.

Appeal Panel

Appeals are heard by a panel of experienced, and usually senior employees whom the employer considers competent and independent to determine the case. The employer may decide how many panellists will sit on any case and the chair of the panel will be senior to the chair of the panel which heard the original hearing. It usually consists of a HR representative to ensure adherence to policy and employment legislation.

B

Breaches

Breaking the terms of a contract of employment or not meeting the terms under a policy or procedure.

Bullying

An offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate, or injure the recipient.

C

Capability

An employee’s ability, skill, aptitude or knowledge to do their job.

Capability support plan

A plan clearly outlining the methods, timescales and objectives of support required throughout an informal process.

Case Manager

A member of the People Consultancy Services team within HR Case Management who is appointed to take overall responsibility for managing a formal case.

CIPD

CIPD Chartered Institute of Personnel and Development.

Claimant

Claimant The person raising a complaint/claim/allegation.

Code of Practice

Issued by the States Employment Board and applies to all employees of the Government of Jersey who are employed under the provisions of the Employment of States of Jersey Employees (Jersey) Law 2005 and its secondary regulations.

Collective disputes

A ‘collective dispute’ is defined as set out in the Employment Relations (Jersey)Law 2007.This means a collective dispute formally notified by one or more recognised Unions to the Employer, on behalf of one or more of their members regarding pay, terms and conditions of service and matters arising from their employment.

Commissioning Manager

Appointed as a manager responsible for a formal investigation.

Workplace colleague

A colleague from within Government of Jersey to support an employee or witness during a formal process or an investigation meeting.

Companion support

A carer, support worker or advocate, who has knowledge of an employee’s specific health condition and its effect.

Conduct

The expected standard and behaviour an employee should demonstrate in the workplace.

Continuous service

The length of time an employee has maintained employment for one employer providing there is no break in service of more than 6 weeks.

Contract for service

A contract where an independent contractor, such as a self-employed person or vendor, is engaged for a fee to carry out an assignment or project.

Criminal proceedings

Any action being taken against an individual by the Police or Honorary Police.

D

Disability

Refers to a protected characteristic as defined in the Discrimination (Jersey) Law 2013.

Disciplinary sanction

A sanction imposed on an employee due to unsatisfactory performance or a misconduct issue

Disclosure and Barring Service (DBS)

The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable individuals from working with vulnerable people.

Discrimination (Jersey) Law 2013

Protects individuals in Jersey against discrimination on the grounds of race, age, sex, sexual orientation, gender re-assignment, pregnancy and maternity.

E

Employee representative

Allocated to accompany or formally represent an employee through a formal procedure

F

Fixed Term

A contract for a specific period of time.

Formal approach

A formal process as defined under relevant policy.

G

Grievance

Workplace concerns, problems or complaints, normally about unfair, or perception of unfair treatment in the workplace, e.g. terms and conditions of employment, physical working environment, new working practices or general treatment at work.

Gross Misconduct

Misconduct that is so serious that the bond of trust and confidence between employer and employee is completely broken or fundamentally breaches the contract of employment.

H

Harassment

Unwanted conduct related to the relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Hearing

A formal process to determine whether an outcome should be applied and what outcome level is appropriate as defined within a policy and procedure.

Honorary contracts

A contract where someone is carrying out work on a Government of Jersey site, paid through a third party or self-funded purpose.

I

Induction

A trial period of employment for the employee and employer to assess if the successful candidate from interview is right for the role, this is subject to satisfactorily completing this period, which may vary in length, but typically 6 months.

Induction support plan

Sometimes difficulties may require a more formal program of additional support to be completed within the timeframe of the induction period.

Informal Approach

Taking steps to resolve any workplace concerns, without using a formal procedure.

Investigation

An investigation is an exercise to collect all the relevant information on a formal matter which has been raised.

Investigator

A colleague, or someone external to the Government of Jersey, who is suitably trained and experienced to carry out an independent investigation.

J

JACS

Jersey Advisory and Conciliation Service

L

Line Manager

The person who is responsible for direct managerial responsibility for an employee/group of employees.

Live warning

The period for which warnings will remain active.

Locum

Someone who stands in temporarily for someone else of the same profession (for example, a doctor).

M

Mandatory

Required by a law or a rule.

MCMG

The current performance system within Government of Jersey.

Mediation

A way to mend relationships when there is a disagreement at work. Mediation is held by a neutral person (a 'mediator') who is impartial and is there to help everyone involved find a solution they can all agree to.

MHFA

Mental Health First Aiders, colleagues who are trained to listen to employees who would like to have a confidential discussion and be signposted to getting the most appropriate help.

MHPS

Maintaining High Professional Standards: provides advice to doctors going through the Maintaining High Professional Standards (MHPS) in a disciplinary and investigatory processes.

Misconduct

Conduct that is in breach of the Government of Jersey values and behaviours, rules and expectations or policies, professional standards, regulations or legislation.

Mistake of fact

A mistaken understanding. For example, a relevant witness was not interviewed, or some evidence was omitted.

N

NED

Non-Executive Director

NMC

Nursing and Midwifery Council

O

Occupational Pension Scheme

An occupational pension scheme is one that is provided by an employer. Examples for the States of Jersey include the Public Employees Pension Scheme (PEPS) and Jersey Teachers Superannuation Fund (JTSF)

P

Panel Chair

The manager who leads proceedings during a hearing procedure. Responsibilities include facilitating the panels deliberations and deciding on the appropriate outcome of the hearing and notifying the relevant parties.

Panel Member

To support the panel chair (usually a representative from People & Corporate Services). Responsibilities including advising the Chair on policy, procedural and employment matters.

People Consultancy Services Team

This team provides advice and guidance to managers, employees and union colleagues about policy, procedure, and process for employment issues.

People Bot

A virtual assistant to answer policy questions.

Business Partner People Services

Work in partnership with leaders, key stakeholders and People Services colleagues to shape, develop and deliver people plans and solutions in line with the needs and priorities of the department(s) and to achieve the overarching Government Plan and People Strategy. Working alongside the Chief Officer(s) as part of their departmental leadership team this role will provide valued people insight, strategic support and challenge to the department and drive the departmental workforce plan.

People Hub

Provide advice and support for general queries and provide support in ensuring HR records relating to case management are kept up to date.

Politically Eligible employee

Politically eligible **link to myStates

Politically Ineligible employee

Politically ineligible *** link to myStates

Presenting Manager

Responsible for presenting the case for the Government of Jersey to the panel at a hearing. This is usually referred to as the Commissioning Manager for an investigation. There is no ‘Presenting Manager’ at an appeal.

Q

QA

Quality Assurance

R

Resolution period

This period of time can allow for an opportunity to informally resolve any workplace conflict/bullying and harassment allegation/grievance.

Reasonable adjustments

A way of preventing discrimination against disabled colleagues by making changes to ensure they are not disadvantaged.

S

Safeguarding

Protecting children and at-risk adult’s health, wellbeing and human rights, and preventing them from harm, abuse or neglect

Sanction

A penalty imposed on an employee because of unsatisfactory performance or misconduct.

Serious insubordination

Refusing to follow lawful and reasonable orders from a line manager.

Specialist Advisor to panel

A senior manager of an appropriate profession who attends hearings in cases of professional standards / fitness to practice where professional, technical or otherwise sufficiently complex issues are involved. They are independent and do not form part of the panel or the decision-making process.

Statutory

Legal requirement or obligation.

Summary dismissal

Where the employee is dismissed instantly, without notice or pay in lieu of notice (PILON). This is normally due to gross misconduct.

Suspending Manager

Will usually be a senior manager with delegated authority. Responsibilities include weighing up the risks of suspension and considering the other options to suspension, seeks necessary authorisation and carries out the suspension meeting.

T

Terms of reference

Precise purpose and scope of an investigation.

U

Unacceptable Behaviour

Any behaviour which has an adverse impact on other individuals, reputation of an organisation or delivery of service.

Union Representative

Union Representatives are elected representatives whose role includes representing members both individually and collectively. Legal definition of a Union Representative on Jersey Law.

V

Voluntary staff

Someone who provides their services voluntarily. Not classed as an employee.

Vulnerable

People who are termed as vulnerable might have difficulty caring for themselves (for example, have a learning disability, have a mental health condition, substance misuse problems, have a long-term illness or chronic condition, have a physical disability).

W

Whistleblowing

An employee raises a concern about an activity or inactivity within the organisation that has a public interest aspect to it. The ‘public interest’ relates to the welfare or well-being of the general public and not to an individual or group.

Witness

Someone providing evidence that may contribute towards an outcome of a case. They may be involved in any investigation meetings or be asked to attend any hearing procedures.

Working Day

Based on a Monday to Friday 9:00 am until 5:00pm, excluding Bank or Public holidays.

Working week

The time when most people are working during a week. Please refer to individual terms and conditions for maximum hours per working week.

Workplace colleague

Someone you work with in the same area or department and this may not be a friend or relative. Lawyers are not permitted, save in exceptional circumstances relating to fitness to practice, which must be agreed with HR Case Management.

Z

Zero hour

Zero hour contracts are arrangements where people agree to be available for work ‘as and when’ required but no particular number of hours or regular times of work are specified. These contracts are appropriate for businesses where regular work is not available, e.g. additional waiting staff to assist with a function, or a supply teacher to cover sickness.