Compulsory Redundancy Policy Show all updates ​​Version​Description of change​Reason for change​Date approved​2.1​Appeal reasons amended​Clarity on reasons for appeal​​May 2025​ Show all updates ​​Version​Description of change​Reason for change​Date approved​2.1​Appeal reasons amended​Clarity on reasons for appeal​​May 2025​ BodyContent​​​​​​​​​​​​​​​​​​​​​IntroductionThis document comes in 2 parts.Part 1 sets out the Jersey Public Services policy and principles regarding compulsory redundancy.Part 2 provides the procedure, setting out how to implement the policy with links to toolkit items to give you more information. The procedure is intended as a guide only and may change or be varied from time to time.​Title​Compulsory redundancy​Author​Employee Experience​Document type​Policy and procedure​Issue date​31 March 2025Effective date16 May 2025 ​Review date​31 March 2028​Version​2.1​ This policy supersedes all previous policies, circulars and procedures connected with compulsory redundancy within the Public Service.​This policy forms part of the code of practice for performance and accountability. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change. Compulsory redundancy policy Policy ​purposeThe purpose of this policy is to provide clear information and guidance on the Government of Jersey’s approach to compulsory redundancy.​Compulsory redundancy is always a last resort. Other actions such as redeployment opportunities will always be considered first where practicable. Policy scopeThis policy applies to all Jersey public servants on permanent contracts of employment with more than 2 years’ continuous service.In the case of redundancy, unless otherwise agreed by the Chief People Officer, a break of more than one week will constitute a break in continuous service, unless the break was between 2 fixed-term contracts.This policy also applies to employees on fixed-term contracts with a minimum of 2 years’ continuous service.Employees on zero-hours contracts with a minimum of 2 years’ continuous service will have statutory redundancy provisions applied as set out in Jersey employment law.This policy does not apply to:employees who work for the States of Jersey through a contract for services on an interim, locum, self-employed, or agency basisvoluntary staff or those on honorary contracts where there is no implied contract of employmentpolice officers within the States of Jersey Policeoffice holders and Crown AppointmentsContinuous service definition​Continuous service refers to a period during which an employee is continually employed by an employer. This means there are no breaks within an employee’s service of more than 1 week.​ Continuous service will be broken after a 1 week gap between contracts.​In circumstances where there are 2 fixed term contracts with a break of no more than 26 weeks between contracts, service shall not be broken for the purpose of continuous service, however the period in question shall not be counted towards the overall continuous service period.For the purpose of computing continuous service for redundancy purposes, where there has been a break between 2 fixed term contracts of no more than 9 weeks, service shall not be broken for the purpose of continuous service, however the period in question shall not count towards overall continuous service period.​ Performance and accountabilitiesRead the performance and accountabilities toolkit​​. The procedure What is redundancy?When an employee is made compulsorily redundant, the post they previously occupied no longer exists.Redundancies may arise in the following circumstances: changes to major working practicesclosure of services or departmental areasrestructure of services or teamschanges involving major restructuring of a department or business area Changes involving transfer to another employerChanges resulting in staff transferring to a different employer will be normally handled in line with the Government of Jersey’s guidance on the Transfer of Public Sector employees. Formal notification and consultationFormal notification and full consultation either on an individual or collective basis or both, must take place with the employees affected by redundancy and or their representative, at the earliest possible stage for a minimum of 30 days. This may be extended in exceptional circumstances. The formal notice period for redundancy is as stipulated in individual contracts of employment or statute.As part of the formal consultation process, and in line with the organisational change policy, trade unions will be informed of any potential redundancies.It is expected that Chief Officers, or their delegate, will establish a timetable for the redundancy process. In the event of restructuring, this should include arrangements and timescales for appointment to any new posts, including an outline of any recruitment process.Chief Officers must inform their Ministers of any compulsory redundancies in their departments.​ Employees on leaveEmployees whose role is at risk of redundancy and are currently absent from work, for example on sick leave, parental leave, career break, secondments or any other form of leave must be formally consulted with, notified, and kept appropriately informed of changes and vacancies. Pregnancy and parental leave​If an employee is pregnant or on parental leave, special consideration is necessary, as this is a protected characteristic for discrimination purposes, and redundancy should be avoided if possible.Consultation with employees on parental leave must be completed, however, if they refuse, any consultation must be placed on hold until their period of parental leave has ceased.​ Approval for organisational change plans resulting in redundancyThe proposals for redundancy must be approved by the Chief Officer of the department concerned and the Chief People Officer, who is acting under the delegated authority of the States Employment Board.In all instances the following should be included as part of the approval submission:progress of any discussions and plans for consultation with trade unions, staff associations and or employee representatives, including objections or issues raisedthe action considered to mitigate the circumstances leading to redundancythe criteria to be used for selecting employees for redundancy and how it will be appliedthe compulsory redundancy final approval form must be completed and signed by all partiesFind more information in the organisational change policy. Selecting for redundancyThere are two methods used to select for redundancy. The first involves selection criteria and the second is through a competitive recruitment process. The second process would normally be used in cases of major organisational or departmental restructuring.​ Selection criteriaIf this method is used, the criteria used for selection will be evidence-based and applied objectively.​Examples of such criteria are as follows:​Attendance record Must be accurate and not include absences relating to disability, pregnancy or parental leave.Disciplinary record This should capture any live disciplinary warnings and include any indefinite safeguarding warnings.Knowledge, skills, and experience Existing knowledge, skills and experience.Standard of work or performance Performance reviews.Employees will not be selected for redundancy for any of the following reasons:health and safety related reasonsfor asserting a statutory rightparental rights related reasonsfor working part-time or reduced hoursminimum breakfor carrying out the function of or standing as an employee representative or being otherwise engaged in union activitieson the grounds of any individual’s protected characteristicwhistleblowing Redundancy paymentsAll employees on a permanent contract with a length of service that meets statutory requirements, will be entitled to the Government of Jersey’s redundancy terms applicable at the date of redundancy.For redundancy payment purposes an employee’s length of service must be continuous. In cases of broken service, only the last period of service up to the date of redundancy will be considered. In the case of redundancy, unless otherwise agreed by the Chief People Officer, a break of more than one week will constitute a break in continuous service unless the break was between two fixed term contracts.A redundancy payment for any permanent employee must be calculated in line with the Government of Jersey’s redundancy rates applicable at the date of redundancy. Where the Government of Jersey’s calculation and the statutory calculation provide for different figures, the higher figure applies.​If the statutory entitlement to a redundancy payment exceeds the Government of Jersey’s calculation, then the statutory entitlement will be met. For example, an individual may receive a payment under this policy or their statutory entitlement, but not both.​ Redundancy and fixed term contract holders​Employees on fixed term contracts with a minimum of 2 years’ continuous service will be paid statutory redundancy pay if their fixed term contract expires or ends prior to the planned contract end date.There is no requirement for the employer to give notice to an employee when a fixed term contract is ending as notice has already been provided through the end date of the contract. Redeployment supportFind more information in the redeployment policy​​. Redundancy paymentRedundancy payments will be calculated on substantive contractual pay and contractual allowances only. “Acting up” allowances and other non-pensionable or non-contractual supplement and allowances will not be included when calculating redundancy payments.The redundancy payment is based on your continuous length of service. For compulsory redundancy, you will receive 3 weeks’ pay for each full year of continuous service. This is capped at a maximum of 12 months' salary, the equivalent of 52.18 weeks. A cap is also applied where your annual salary exceeds civil service grade 15 increment 4 or equivalent.Examples are provided below and note for the purpose of these, the 2023 pay scale rates have been used:​Example 1An employee has worked for the Jersey Public Service for 40 full years and are a civil service grade 10 increment 4.​Annual salary​1 weeks' salary (divide by 52.18)​3 weeks' salary​​x years' service (40) £60,931.11​£1,167.83​£3,503.47​£140,139As this amount exceeds 12 months’ salary, the redundancy amount is capped at 12 months’ pay, which is £60,931.11​.Example 2An employee has worked for the Jersey Public Service for 15 full years and are above a civil servant grade 15, increment 4 on an annual salary of £120,000.​​Annual salary​1 weeks' salary (divide by 52.18)​3 weeks' salary​​x years' service (15)​£120,000​£2,299.73​£6,899.19​£140,139​The maximum amount the employee can receive is the annual salary at Civil Service 15 increment 4, which is capped at 12 months’ pay.Employees can access the compulsory redundancy calculator to work out their compulsory redundancy payment. Assisting e​mployees affected by redundancyEmployees affected by redundancy will be supported through the redeployment policy and scheme. Pensions​Subject to the rules of the relevant pension scheme, if your employment is terminated by reason of redundancy you may choose to surrender some or all your resultant lump sum to purchase additional pensionable service. Contact pept@gov.je​ for more information. Re-employment following redundancy​Re-employment guidelines are available on MyStates (internal website) for more information.​ Confirmation of redundancy and pay in lieu of notice (PILON)​If an employee is being made redundant, they will receive the following information in writing:confirmation that their post is redundant if this has not already been confirmeddetails of any entitlement to redundancy paydetails of any entitlement to pay in lieu of notice and any other monies owed, such as holiday paytheir right of appeal against redundancyNotice period will be determined based on an employee’s individual contract of employment or statute if more beneficial. Employees may request to leave prior to completing their notice period and any requests will be given full consideration subject to operational requirements. Consideration will also be given to pay in lieu of notice in certain circumstances. Appeal against redundancy decision If employees think the reason for redundancy is unfair or the process was not followed correctly, they should write to the Chief People Officer within People Services. This should be done within 10 working days of the date that they were served notice of redundancy, setting out the grounds of their appeal.An employee should set out the reasons they are appealing against the redundancy. These may include:they were unfairly selected​the employer did not follow a fair redundancy processThere are no other grounds for appeal.The appeal will be considered by an appeal panel made up of:the Chief People Officer of People Services, or a delegate from People Servicesa Chief Officer or delegate from a different department to the department the employee at risk currently works inWithin 1 week of receipt of the appeal, the employee will be informed in writing of the membership of the appeal panel and the date on which the appeal will be heard. The panel will review the grounds for appeal and any associated paperwork and will decide based on the evidence provided in the papers.The appeal panel will write to the employee to confirm the outcome, including whether they accept or reject the appeal. The Panel’s decision is final and there is no further right of appeal.​Matters related to unfair treatment or which involves a protected characteristic, should be raised through the dignity and respect at work or resolving grievances policies. Right to be represented or accompanied, including companion supportBy law, any employee can bring one person to a formal meeting; this can be a trade union representative or a workplace colleague. In addition, employees who require reasonable adjustments may also be entitled to companion support.​ Right to be accompanied​ Support and wellbeingYour wellbeing is our priority, everyone should feel safe and supported in the workplace. Sources of wellbeing support and guidance can be found for public servants on MyStates.​Employees will be supported throughout the redundancy process by both their line manager and People Services and will be provided with details of additional support offered by the Wellbeing team. Confidentiality​​We all have a right to confidentiality throughout this procedure. Read our confidentiality toolkit for more guidance. Confidentiality Glos​sarySee our glossary of terms for definitions or explanations.​ People po​licies glossary​​