Collective Redundancies Form: Approval

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 25 May 2012:

Decision Reference: MD-S-2012- 0040
Decision Summary Title :	Notify the Minister of Collective Redundancies form		Date of Decision Summary:	21 May 2012
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 :	Notify the Minister of Collective Redundancies form		Date of Written Report:	21 May 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employer’s duty to notify the Minister of Collective Redundancies – form of notice approved
Decision(s): The Minister decided to approve the specific form on which employers will be required, from 1 June 2012, to give the Minister advance notice of a collective redundancy situation.
Reason(s) for Decision: From 1 June 2012, the Employment (Jersey) Law 2003 will be amended by the Employment (Amendment No.5) (Jersey) Law, 2012, to impose a new duty on employers. An employer who is proposing the redundancy of 12 or more employees at one establishment in a 30 day capture period will be required to notify the Minister in advance. The law specifies what information must be given to the Minister and provides that the notice shall be in such form as the Minister may direct. The purpose is to enable the Department to make early contact with employees who are facing redundancy to offer them assistance and advice relating to job seeking, training, Social Security contributions and benefits.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to make the form of notice available via the Social Security Department and the Jersey Advisory and Conciliation Service. There is no requirement for the States to approve the form.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):