Employment and Discrimination Tribunal (Jersey) Regulations 201- (P.4/2014)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 January 2014:

Decision Reference: MD-S-2014-0003
Decision Summary Title :	DS Lodge JET Regulations		Date of Decision Summary:	10 January 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 Lodge JET Regulations		Date of Written Report:	10 January 2014
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Draft Employment and Discrimination Tribunal (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the draft Employment and Discrimination Tribunal (Jersey) Regulations 201-.
Reason(s) for Decision: If adopted by the States, the draft Employment and Discrimination Tribunal (Jersey) Regulations 201- (the ‘Tribunal Regulations’) would replace the Employment Tribunal (Jersey) Regulations 2005 (the ‘2005 Tribunal Regulations’) from 1 September 2014. The Discrimination (Jersey) Law 2013 (the ‘Discrimination Law’) was adopted by the States of Jersey on 14 May 2013, sanctioned by Order of Her Majesty in Council on 9 October 2013 and registered by the Royal Court on 18 October 2013. Subject to States approval, an appointed day act will bring the Discrimination Law into force on 1 September 2014. (MD-S-2014-0004). Full details of the history and development of the legislation were set out in the States Proposition for the draft Discrimination (Jersey) Law 201- (P.6/2013). (MD-S-2013-0005). The Discrimination Law will amend Article 81 of the Employment Law to give the Jersey Employment Tribunal (the ‘Tribunal’) responsibility for hearing complaints brought under the Discrimination Law, as well as complaints brought under the Employment (Jersey) Law 2003. It has been necessary therefore to ensure that appropriate provision is made for that extended jurisdiction, including for the appointment of Tribunal members and the constitution of the Tribunal for a hearing.
Resource Implications: The following financial and manpower implications were included in the Proposition for the draft Discrimination Law (P.6/2013), lodged in January 2013. No additional financial or manpower implications have been identified since that date. Advice, conciliation and enforcement - In 2015, costs are estimated to be £200,000 which includes the full year cost of enforcing the Law via the Tribunal (including Tribunal members pay for additional hearings and the increased usage of the service generally), the advisory services provided by JACS and CAB, and the costs of continuing to develop and prepare legislation for further protected characteristics. In subsequent years, enforcement and advisory costs are expected to increase slightly as each new protected characteristic is introduced, up to a maximum cost of £300,000 once all of the protected characteristics are in place. The above costs will be met from within resources approved in the Medium Term Financial Plan (MTFP) and carry-forward funds. Manpower – It is anticipated that the Judicial Greffe (which is responsible for the administration costs of enforcing the draft Law via the Tribunal) will require one additional part-time administrative post, at a maximum of Grade 8, to deal with the additional Tribunal workload and hearings from 2015.
Action required: Policy Principal to request the Greffier of the States to arrange to lodge the Draft Regulations ‘au Greffe’, to be listed for the States sitting of 4 March 2014.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):