Employment (Amendment No. 8) (Jersey) Law 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 June 2014:

Decision Reference: MD-S-2014-0067
Decision Summary Title :	DS Employment Amendment No8 lodged		Date of Decision Summary:	30 May 2014
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 :	WR Employment Amendment No8 Report		Date of Written Report:	30 May 2014
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Draft Employment (Amendment No.8) (Jersey) Law 201-
Decision(s): The Minister decided to lodge for States debate the draft Employment (Amendment No.8) (Jersey) Law 201-
Reason(s) for Decision: The draft Employment (Amendment No.8) (Jersey) Law 201- would amend the Employment (Jersey) Law 2003 to introduce the following new rights for employees – (a) the right to take time off for ante-natal appointments; (b) the right to take compulsory paid maternity leave of 2 weeks immediately after giving birth; (c) the right to ordinary maternity leave (in addition to compulsory maternity leave); (d) the right to take adoption leave; (e) the right to take parental leave following the birth or adoption of a child; (f) the right to request flexible working; (g) the right to be protected from detriment or dismissal when exercising any of the new rights. This first stage of proposed family friendly rights would provide a basic level of entitlement upon which we can build in the future and reflects the recommendations of the Employment Forum, as accepted by the former Minister for Social Security, Senator Ian Gorst, in 2010. The proposals have been carefully balanced to minimise any adverse effect on business. By international standards, the proposed new rights are modest, but their significance should not be underestimated. The intention is to provide a strong safety net of fundamental entitlements that will protect mothers in the weeks surrounding childbirth for recovery and breastfeeding, support working parents generally and that will facilitate a return to the workplace for the benefit of employees and employers. JACS will help employers to prepare through free training and guidance. Introductory guides are available on the website www.jacs.org.je. As part of the overall package of improvements, the Minister intends to bring for States debate a number of complementary changes to the Social Security Maternity Allowance as well as draft Sex Discrimination Regulations. Attached at Appendix 2 to the accompanying report is a note that has been prepared in respect of the draft Law by the Law Officers’ Department. It summarises the principal human rights issues arising from the contents of the draft Law and explains why, in the Law Officers’ opinion, the draft Law is compatible with the European Convention on Human Rights. This is included for the information of States Members and should not be taken as legal advice. The Minister has signed the Human Rights compatibility statement. The Health, Social Security and Housing Scrutiny Panel has advised the Minister that it intends to review the draft Law during the lodging period.
Resource Implications: No additional funding or resources would be allocated to the Jersey Employment Tribunal specifically to deal with the introduction of this legislation. It is anticipated that existing budgets (allocated and requested) will be sufficient to provide the necessary services to enable employees to enforce these additional rights. Employee complaints relating to pregnancy and maternity are likely to include a sex discrimination complaint; the additional cost of enforcing that legislation will be included in the report to the States that accompanies the sex discrimination Regulations in 2015. No additional funding or resources would be allocated to the Jersey Advisory and Conciliation Service specifically to deal with the introduction of this legislation. It is anticipated that existing budgets (allocated and requested) will be sufficient to provide the necessary services, including the advisory and training services. £5,000 will be allocated from existing budgets to enable JACS to provide public training courses on the family friendly rights free to delegates in 2014 and 2015. There are no financial implications for the States of Jersey as an employer because the States’ maternity policy provides that all women are entitled to two weeks’ maternity leave at full pay and paid time off work to attend antenatal appointments.
Action required: Policy Principal to request the Greffier of the States to arrange for the draft Law to be lodged au Greffe, to be listed for debate by the States Assembly at the sitting of 14 July 2014.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):