Employment Tribunal (Amendment No.3) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 May 2012:

Decision Reference: MD-S-2012-0043
Decision Summary Title :	Lodge Tribunal Regs Amendment 3		Date of Decision Summary:	28 May 2012
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	Lodge Tribunal Regs Amendment 3		Date of Written Report:	28 May 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Lodge Employment Tribunal (Amendment No.3) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the Employment Tribunal (Amendment No.3) (Jersey) Regulations 201-.
Reason(s) for Decision: The Employment Tribunal (Jersey) Regulations 2005 currently permit the appointment of one Chairman, one Deputy Chairman, and one or more Acting Chairmen. It is proposed that the Regulations be amended as follows; - To permit the appointment of between one and five Deputy Chairman who would be able to perform the functions of the Chairman where the Chairman is unable to do so. - To remove the provision for the appointment of Acting Chairmen. This becomes unnecessary due to the proposal for a ‘pool’ of Deputy Chairmen. - Bringing the annual reporting requirements and reporting period in line with standard practice for other similar bodies. It is anticipated that the proposed amendments would enable the Tribunal to operate more efficiently, hear claims more quickly, and prepare for the introduction of discrimination legislation.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to request the Greffier of the States to arrange for the draft Regulations to be lodged ‘au Greffe’, for consideration by the States at the earliest opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment Tribunal (Amendment No. 3) (Jersey) Regulations 201-

Employment Tribunal (Amendment No.3) (Jersey) Regulations 201-

REPORT

Background

Since the Jersey Employment Tribunal was set up in 2005, its workload has increased. In addition, the Tribunal must prepare for the proposed Discrimination Law by ensuring that the service is equipped to cope with a further increase in applications and diversity.

Having taken over the responsibility for the administration of the Employment Tribunal in 2011, the Judicial Greffe has put in place a service pledge that all complaints are to be processed within six months of receipt. The Judicial Greffe is committed to ensuring that the Employment Tribunal functions in an efficient and economical manner, making full use of its facilities.

The proposed amendments

The main purpose of the proposed amendment is to make the following changes;

Up to five Deputy Chairman – The Regulations currently provide that one Chairman, one Deputy Chairman and one or more Acting Chairmen may be appointed to the Employment Tribunal. The amendment would enable the appointment of at least one, and not more than five, Deputy Chairmen, all of whom must hold a qualification in law, and would be able to perform the functions of the Chairman where the Chairman is unable to do so. A full Jersey Appointments Commission recruitment process would be required prior to the appointment of any Deputy Chairman. The availability of a ‘pool’ of Deputy Chairman with differing and complementary areas of knowledge and experience would enable the Tribunal to operate in a more efficient manner.

Acting Chairman - The Regulations currently permit the Minister, in consultation with the Jersey Appointments Commission, to appoint one or more legally qualified Acting Chairmen who can be appointed where both the Chairman and the Deputy Chairman are unable to perform their functions. This provision was intended to deal with risks, such as where both Chairman and Deputy Chairman become unavailable at short notice, or are both conflicted. Under the proposed amendment, up to five Deputy Chairman would be available in such circumstances and so the provision for Acting Chairman becomes unnecessary.

Annual Report – The Regulations currently require an annual report on the activities of the Employment Tribunal to be presented to the States within four months of the year to which it relates (currently the year 1st July – 30th June).. The amendment would provide that the report must be prepared by the Tribunal Chairman within four months of the end of each financial year, bringing the annual reporting requirements and reporting period in line with standard practice for other similar bodies.

There are no financial or manpower implications arising from this Proposition