Compensation for employee rights breaches to be reviewed

Thursday 22 June 2023

The Social Security Minister has agreed to carry out a consultation on the rates of compensation available for employees whose rights are breached.

Deputy Elaine Millar has also said workers on zero-hours contracts may gain the right to request a new contract before the end of 2023, under her plans to amend the Employment Law.

She made the announcements this week in her response to a report from the Jersey Employment Forum, published in May, which found that some employees in Jersey with a 'zero hour contract' are working hours akin to regular part-time or full-time work.

The Forum concluded that these workers should have the right to request a specific variation to switch to terms which more accurately reflect the reality of the hours being worked.

The Social Security Minister has now agreed that there is a case for additional legislation and she will ask for law drafting to be undertaken. Instructions to the Legislative Drafting Office are currently in preparation and she hopes that this change can be approved during 2023.

Pictured: Deputy Millar said she was "grateful" to the Forum for its report and she has accepted each of its recommendations.

She added: "Jersey's employment legislation must achieve the right balance between employer and employee. As the Forum reports, work needs to be done to improve understanding among employees and employers about their rights and responsibilities."

"I make it clear in my response to the Forum's report that there are many ways we can achieve this and we'll be working within Government and with other partners to make sure we make positive progress during 2023."

Deputy Millar further added that the amendment to the Employment Law would "enable an employee to ask for a contract of employment which reflects the reality of their working pattern."

"In its report, the Forum took evidence that some employees on a zero-hour contract were in fact working consistently full-time or part-time hours. This is something a change in the law will help to deal with."

She said that she has asked the Forum to carry out a consultation on the compensation which the Employment Tribunal awards in cases where a person's employment rights have been breached.

"The current award levels have been in place for many years and I've asked the Forum to consider whether they're still adequate. I look forward to receiving its recommendations in due course."

On other matters – such as the definition of zero hour contracts and right to compensation for shift cancellation or curtailment without reasonable notice – she agreed with the recommendations and that no action needed to be taken because there was "little evidence of a problem in Jersey that would require additional legislation to rectify it."

She further endorsed that education and awareness-raising of employment rights for employers and employees is a crucial factor when it comes to the rights and responsibilities of both parties to an employment contract and to facilitating good employment relations.