Employment (Awards) (Amendment) (Jersey) Order 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.

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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
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A decision made 10 June 2011:

Decision Reference: MD-S-2011-0045
Decision Summary Title :	DS - Employment (Awards) (Amendment) (Jersey) Order 201-		Date of Decision Summary:	10 June 2011
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 (Awards) (Amendment) (Jersey) Order 201-		Date of Written Report:	10 June 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment (Awards) (Amendment) (Jersey) Order 201-
Decision(s): The Minister made the Employment (Awards) (Amendment) (Jersey) Order 201-
Reason(s) for Decision: From 1 January 2011, employees have had the right to a statutory redundancy payment which may be enforced via the Employment Tribunal. However, with the maximum Tribunal award being capped at £10,000, the Tribunal could often find that it does not have the power to award an employee’s full statutory entitlements. To enable the Tribunal to fulfil employees’ statutory rights and minimise the risk of claimants bringing multiple proceedings to achieve this, the Tribunals’ award making powers will be extended as follows; 1. To retain the existing scale providing compensation for unfair dismissal, up to the maximum of 26 weeks pay, with the power to reduce the award in certain circumstances, and 2. To retain the £10,000 maximum only in respect of the total of any contractual amounts owed, and 3. The power to award the minimum statutory amounts as set out in the Employment Law, not subject to the £10,000 cap, including redundancy pay and notice pay.
Resource Implications: There are no financial or manpower implications. The amended Order would remove the risk of claimants lodging multiple Tribunal claims to enforce their statutory rights (avoiding increased administration and hearing costs).
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):