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Employment Update - March 2012
■ Jersey Employment Tribunal 2010 / 2011 Annual Rep ort published
■ Jersey government launches "Back to Work Programme"
Announcement regarding Jersey Redundancy Law Changes
On 13 February 2012 Jersey's Social Security Department announced that an appointed day act would be lodged in the week commencing 20 February 2012, to bring into force three amendments to the Employment (Jersey) Law, namely Amendments No.5, No. 6 and No. 7, which all deal primarily with redundancy rights. The appointed day act is due to be debated on 20 March 2012. It is anticipated that the changes will be implemented as summarised below, although this is subject to the outcome of the debate.
The Precarious Business of Providing a Reference
Providing a reference for a departing or former employee can be a tricky task. Any negligent or deliberate errors could lead to compensation pay-outs and it is therefore crucial to strike the right balance.
Managing Conduct Issues in the Workplace
This Briefing discusses the management of conduct issues in the workplace. It sets out how the Jersey Employment Tribunal (the "Tribunal") has approached misconduct dismissals, and is accompanied by a summary of the procedure to be followed by employers when managing conduct in the workplace.
Employment Law Update
Legislation Developments in Jersey
• Draft Employment (Amendment No.7) (Jersey) Law 201-
• Employment (Awards) (Amendment) (Jersey) Order 2011
New redundancy legislation for Jersey
This year the States of Jersey has implemented legislation which dramatically changes the position for employers dealing with redundancies and employees who are made redundant.
Draft foundations law signals growth for Guernsey
Guernsey’s Commerce and Employment department has published a consultation document on the draft foundations (Guernsey) Law 2011. The consultation process will close on 23 May and it is expected that the legislation will come into place before the end of the year.
Redundancy:Summary of the Provisions of Amendments No.5 and No.6 to the Employment (Jersey) Law 2003
This Briefing provides a summary of the key provisions of Amendments No.5 ("Amendment No.5") and No.6 ("Amendment No.6") to the Employment (Jersey) Law 2003 (the "Law"). Please note that the amendments are complex. If employment issues arise to which these amendments could be relevant, it is recommended that legal advice is taken at an early stage.
Pension and Occupational Saving Schemes
The world of executive and all-employee remuneration and the forms of incentive provided is ever changing and increasingly competitive. Rewarding, retaining and motivating employees and indeed winning new high profile executives over to your company requires a well structured and effectively administered remuneration package.
Employee Benefits
Due to the sensitive nature of the arrangements administered by the Ogier Employee Benefits Team, client details must remain confidential; however the following are representative of the work taken on in the last 12 months.
In the matter of DD [2010] JRC 193
This recent case of the Jersey Royal Court considered the legal test for rectification and, in particular, whether suing a professional advisor who had given mistaken advice on which the settlor relied, is an alternative practical remedy to rectification.
Jersey Redundancy Legislation - Traps for the Unwary
On 1 January 2011 amendments to the Employment (Jersey) Law 2003 creating rights on redundancy take effect. The new provisions mean that for the first time in Jersey there will be statutory redundancy payments for employees similar to those operating in the United Kingdom. This legislative change introduces a degree of complexity to employers which will require careful handling.
Should employers welcome the recent changes to the unfair dismissal law?
On 1 October 2009, the Employment (Jersey) Law 2003 (the "Law") will be amended to give the Jersey Employment Tribunal the power to direct an employer to re-employ an employee who brings a successful claim for unfair dismissal.
Starting a Jersey Business: Employment Law and Related Considerations
As with setting up a new business anywhere, there are a number of issues to be borne in mind when opening a new office or establishing a company in Jersey. Jersey law is separate and different from English law and there are some particular local matters that must be addressed, such as the need to apply to the States of Jersey (the "States") for a Regulation of Undertakings and Development licence (a "Licence"). Even if you are only looking to operate a business in Jersey temporarily or you have an offshore company which is administered by a third party in Jersey but trades elsewhere, you will still have to check whether or not a Licence is required.
Regulating Employees - An Employers Obligation
Carla Benest, Associate of Mourant du Feu & Jeune, explains the employment aspects of complying with anti money laundering and financing of terrorism legislation ("AML Legislation").
The Employment (Jersey) Law 2003
The Employment (Jersey) Law 2003 (the "Law") came into force on 1 July 2005. There have already been a number of amendments to the Law and further amendments and related legislation, such as the Draft Discrimination (Jersey) Law 200- and the Draft Discrimination (Race) (Jersey) Regulations 200-, are expected over the course of the next few years. Subordinate and related legislation now in force includes the Employment Relations (Jersey) Law 2007, which deals with issues such as trade union recognition, and the Employment (Awards) (Jersey) Order 2005, which deals with compensatory awards.
The Importance of Procedural Safeguards on Redundancy
The Importance of Procedural Safeguards on Redundancy - What Employers in Jersey can Learn from the Voisin case
Regulating Employees - An Employers Obligation
Carla Benest, Associate of Mourant du Feu & Jeune, explains the employment aspects of complying with anti money laundering and financing of terrorism legislation ("AML Legislation").
Deal or no deal? The tribunal
March 2010 - Mourant du Feu & Jeune's employment law team presented a mock tribunal, in conjunction with the Jersey Branch of CIPD, to seek to give employers an understanding of what is involved in defending a tribunal claim. Carla Benest, an Associate of Mourant du Feu & Jeune, explains more.
Employment Update
Key News: Unemployment update - Unemployment levels remain high... - Therapeutic work schemes - Employment Forum's 2009 recommendations... - ELA re-launch - Employment Lawyers Association (Jersey) Branch has new representative... Update
Amendment to The Employment (Jersey) Law 2003
Should employers welcome the recent changes to the unfair dismissal law?
The Importance of Procedural Safeguards on Redundancy
- What Employers in Jersey can Learn from the Voisin case: The recent Royal Court judgment of Francis Gerald Voisin (trading as Voisins Department Store) v. Thomas Brown [2007] JRC 047 ("Voisin") has clarified a number of important issues in connection with dismissal by way of redundancy and whether a dismissal in these circumstances will be "fair" or "unfair".
The Continuing Usefulness of Offshore Employee Benefit Trusts
Employee Benefit Trusts, known as EBTs, are trusts usually written on discretionary terms, under which trustees hold assets for the benefit of a class of beneficiaries, typically the employees and former employees of the funding company and their respective spouses, family and dependants.
Jersey’s forthcoming redundancy legislation
New redundancy legislation is likely to come into force in Jersey in the last quarter of 2009 or the first quarter of 2010. The purpose of this briefing note is to summarise and explain the key changes to the law.
The Employment (Jersey) Law 2003
The Employment (Jersey) Law 2003 (the "Law") came into force on 1 July 2005. There have already been a number of amendments to the Law and further amendments and related legislation, such as the Draft Discrimination (Jersey) Law 200- and the Draft Discrimination (Race) (Jersey) Regulations 200-, are expected over the course of the next few years. Subordinate and related legislation now in force includes the Employment Relations (Jersey) Law 2007, which deals with issues such as trade union recognition, and the Employment (Awards) (Jersey) Order 2005, which deals with compensatory awards.
Employment Law and Related Considerations for New Jersey Businesses
As with setting up a new business anywhere, there are a number of issues to be borne in mind when opening a new office or establishing a company in Jersey. Jersey law is separate and different from English law and there are some particular local matters that must be addressed, such as the need to apply to the States of Jersey (the "States") for a Regulation of Undertakings and Development licence (a "Licence"). Even if you are only looking to operate a business in Jersey temporarily or you have an offshore company which is administered by a third party in Jersey but trades elsewhere, you will still have to check whether or not a Licence is required.
The Importance of Procedural Safeguards on Redundancy
The recent Royal Court judgment of Francis Gerald Voisin (trading as Voisins Department Store) v. Thomas Brown [2007] JRC 047 ("Voisin") has clarified a number of important issues in connection with dismissal by way of redundancy and whether a dismissal in these circumstances will be "fair" or "unfair".
The Employers’ Liability (Compulsory Insurance) (Amendment No. 3) (Jersey) Law 2007
The Employers’ Liability (Compulsory Insurance) (Amendment No. 3) (Jersey) Law 2007 came into force on 12 January 2007.
The Employment Relations (Jersey)
The Employment Relations (Jersey) Law 2007 was registered in the Royal Court on 5 January 2007 and will be brought into force on such day as the States of Jersey may by act appoint.
