A politician who spearheaded calls for whistleblowing protections has criticised the Social Security Minister for putting the proposed legislation on hold – despite a unanimous States Assembly decision more than three years ago.
Deputy Carina Alves said she was “really disappointed” that Social Security Minister Elaine Millar would not progress the legislation next year and had not read the draft law.
She accused Senator Millar of going back on both the Assembly’s decision and a commitment she made when previously serving as Social Security Minister in July 2023.
“We do not need more consultation. We need action”
Deputy Alves described the whistleblowing safeguards as “vital protection for workers”.
“People should be able to raise concerns about wrongdoing in the public interest without fear of retaliation,” she said.
“We do not need more delay. We do not need more consultation. We need action. Plain and simple.”
People should be able to raise concerns about wrongdoing in the public interest without fear of retaliation
Deputy Carina Alves
States Members unanimously backed Deputy Alves’s proposition in July 2023 calling for the government to bring forward whistleblowing legislation within 12 months.
A draft law was eventually put forward in March this year by then Social Security Minister Lyndsay Feltham, who described it as “an important and significant development in Jersey’s employment legislation”.
At the time, Deputy Feltham said there was “a clear need for statutory protection for those who know of, or witness, wrongdoing by employers, individuals, organisations, or other bodies”.
A “strong and compelling case” for legislation
The Jersey Employment Forum had previously conducted a public consultation and published its report and recommendations last year.
The forum said the current Employment and Discrimination Laws “ultimately do not provide a level of protection and are not adequate”, adding that there was a “strong and compelling case” for legislation.
Its members unanimously recommended that Jersey introduce a statutory public-interest disclosure regime giving whistleblowers protection from unfair dismissal or other detrimental treatment from their first day of employment.
Respondents to its consultation “overwhelmingly” supported legislation covering both the public and private sectors. They included employees, employers, Unite the Union, the Jersey Chamber of Commerce, the Jersey Community Relations Trust, regulators and law firms.
One law firm warned that the absence of specific whistleblowing protections placed Jersey out of step with comparable legal systems and was inconsistent with the Island’s reputation for well-regulated corporate governance.
However, the forum also recognised concerns about complexity and the potential burden on businesses.
It said any scheme should be accessible and understandable and should not create undue regulatory or financial costs or unnecessary tribunal litigation. It recommended that employers should be encouraged, but not legally required, to maintain whistleblowing policies.
Regulation “getting more than everybody can bear”
Senator Millar raised similar concerns when questioned by the Health and Social Security Scrutiny Panel yesterday.
“We hear a lot from the business community about how difficult it is for them and the level of regulation, and it’s all getting more than everybody can bear,” she said.
“I want to be clear that it is something that is really going to deliver, as I have a slight suspicion that it would create a lot more complexity around tribunal claims and a lot more cost for everybody.
“We just need a bit more work, and I think it will not be a priority for next year.”
Senator Millar said protections already existed in several areas through bodies including the Care Commission, Jersey Financial Services Commission and Health and Safety Inspectorate.
Her priorities instead include tackling the impact of the cost of living, healthcare costs, the sustainability of the Social Security and Long Term Care funds, and introducing a workplace pension scheme.
