Unfair Dismissal Qualifying Period: Employment Forum's Recommendation and Comments of the Minister for Social Security

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 June 2013:

Decision Reference: MD-S-2013-0053
Decision Summary Title :	DS Forum UDQP Recommendation		Date of Decision Summary:	10 June 2013
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 :	Minister response to UDQP Recommendation		Date of Written Report:	7 June 2013
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: States Report - Unfair Dismissal Qualifying Period; Employment Forum’s Recommendation and Minister’s response
Decision(s): The Minister decided to present to the States the Employment Forum’s recommendation on the Unfair Dismissal Qualifying Period and his response to that recommendation.
Reason(s) for Decision: Prompted by the comments of certain employers and employer representative bodies, as well as the UK government’s decision to extend the qualifying period for protection against unfair dismissal from one year to two years in April 2012, the Minister directed the Employment Forum to consult on the requirement for an employee to have 26 weeks continuous service in order to be entitled to make a complaint of unfair dismissal. In particular, the Minister wanted to consider whether a longer qualifying period for protection against unfair dismissal in Jersey could have a positive impact on employment. Having undertaken public consultation, the Forum concluded that that qualifying period should not be extended and presented its recommendation to the Minister on 7 June 2013. The Minister has accepted the recommendation and therefore will not be proposing an amendment to the Employment (Jersey) Law 2003. The qualifying period for protection against unfair dismissal will remain at 26 weeks.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to request the Greffier of the States to arrange for a Report to be presented to the States at the earliest opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):