Bullying and grievance complaints (FOI)

Request

Following up to a written question from Deputy Max Andrews to the States Employment Board concerning bullying complaints and grievances raised within the Government of Jersey since 2017 (WQ.311/2022), please could you provide:

A

How many new bullying complaints or grievances have been raised since the figures published in response to the original written question?

B

How many bullying complaints or grievances have been made against elected members of the government (Ministers or Assistant Ministers)

i)

Before 16 May 2018

ii)

Between 16 May 2018 and 22 June 2022

iii)

Since 22 June 2022

C

A breakdown of how many bullying complaints or grievances were raised in each department (eg. HCS, Home Affairs, IHE etc.) by year.

Response

A

There have been no new bullying complaints or registered grievance cases raised within the Government of Jersey since the publication of the written question on 5th December 2022. 

B

In accordance with the Commissioner for Standards (Jersey) Law 2017, complaints may be made to the Commissioner under the Code of Conduct and Practice for Ministers and Assistant Ministers. The Commissioner produces an annual report and a full list of the complaints considered since establishment in 2017. Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied. Please see the following link: 

Complaints about States Members or States Greffe employees (gov.je) 

Please note that the Commissioner for Standards is not a Scheduled Public Authority (SPA) for the purposes of the Freedom of Information (Jersey) Law 2011.

In addition, the new Code of Conduct and Practice for Ministers and Assistant Ministers published on 12 October 2022 includes an ability to raise a matter with the Chief Minister, as an intermediate and initial step without prejudicing the ability to refer a matter to the Commissioner for Standards. 

States of Jersey Code of Conduct and Practice for Ministers and Assistant Ministers.pdf (gov.je) 

Fewer than five bullying complaints or grievances, or similar matters, have been made that are currently being reviewed to assess whether they should be referred to the Commissioner for Standards.

C

Please see tables below for the volume of bullying complaints or grievances raised. The Government of Jersey went through a departmental restructure, and it has not been possible to amalgamate the response. Historic departmental names have been used to reflect figures prior to 2021. Please note that departments went through restructuring as well as renaming so it has not been possible to accurately reflect the figures under current department names. 

Disclosure controls have been applied where numbers are fewer than five to avoid identification of individuals. Article 25 of the Freedom of Information (Jersey) Law 2011 has been applied. 

Tables.pdf

Article applied 

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

3)      In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.