Employment and Discrimination Tribunal (Procedures) (Jersey) Order 2016

Information about the publication of Ministerial Decisions

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 January 2016:

Decision Reference: MD-S-2016-0008
Decision Summary Title :	Make Order - JEDT Procedures		Date of Decision Summary:	28 January 2016
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 :	Make Order - JEDT Procedures		Date of Written Report:	28 January 2016
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016.
Decision(s): The Minister made the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016.
Reason(s) for Decision: The purpose of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016 (the ‘Order’) is to set out statutory procedures in relation to the conduct of proceedings before the Employment and Discrimination Tribunal (the ‘Tribunal’). This will replace the current non-statutory procedures of the Tribunal. The Order sets out procedures including for the presentation of claims and responses, the grounds for rejecting claims and responses, counterclaims, matters that the Tribunal will deal with before the hearing, such as the initial consideration of a claim and case management, the procedures for hearings including for witnesses, interim hearings and final hearings, the Tribunal’s decisions and reasons for those decisions, and for the delivery of documents to the Tribunal. Stakeholders and Tribunal users was invited to review a draft of the Order and the comments received were taken into account in preparing this final version of the Order. The Tribunal office will amend any user guides and forms, as required. The Order will take effect on 1 April 2016.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to notify the Greffier of the States and the Law Draftsman that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication and archiving.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):