In Jersey, the legal framework for employment termination is well-structured, protecting both the rights of the employee and the employer. This includes lawful grounds for dismissal, notice requirements, and provisions for severance pay.

Lawful Grounds for Dismissal

Under the Employment (Jersey) Law 2003 (EJL), valid reasons for terminating an employment contract are outlined. These include:

• Capability or Qualifications: This refers to the dismissal due to an employee's inability to perform their job duties competently or their lack of necessary qualifications.
• Conduct: This involves dismissal due to the employee's misconduct, unacceptable behavior, or serious breaches of company rules.
• Redundancy: This is dismissal due to economic circumstances or restructuring that eliminate the employee's position.
• Illegality: This occurs if continued employment would violate a legal provision or restriction, making the employment illegal to continue.
• Some Other Substantial Reason (SOSR): This is dismissal for other valid reasons that don't perfectly fit into the above categories, as evaluated by the Jersey Employment Tribunal.

Regardless of the reason, employers must follow fair procedures before termination. This includes warnings, opportunities for improvement (where applicable), and a disciplinary process in line with Jersey's ACAS Code of Practice.

Notice Requirements

The EJL mandates notice periods for both employers and employees who wish to terminate an employment contract. The specific notice period depends on the employee's length of continuous service:

• Under 5 years of service: 1 week's notice
• 5 years or more of service: 1 notice week for each year of service, up to a maximum of 12 weeks

There are exceptions to the notice requirement. For instance, gross misconduct may justify dismissal without notice.

Severance Pay (Redundancy Pay)

Jersey mandates redundancy pay for employees dismissed due to redundancy. The calculation is based on:

• Employee's Length of Service: The amount of redundancy pay increases with the employee's length of service.
• Employee's Weekly Wage: The calculation uses the employee's final weekly wages.

The EJL provides the specific formula for calculating redundancy pay. Redundancy payments are tax-free up to a limit set by the Treasury and Resources Minister.

Jersey's legal framework for combating discrimination and promoting equality is primarily based on the Discrimination (Jersey) Law 2013 (DJL). This law prohibits discrimination in various contexts and safeguards individuals against discrimination on several grounds.

Protected Characteristics

The DJL protects individuals from discrimination based on:

• Race: Including race, color, nationality, ethnic or national origins.
• Sex: Covering pregnancy, childbirth, and gender reassignment.
• Sexual Orientation
• Age
• Disability: Including long-term physical and mental health conditions.
• Religious Belief: Including having a religion or belief, as well as the lack of such.
• Carer Status: Providing protection for those caring for a dependent.

Redress Mechanisms

Individuals who experience discrimination in Jersey can seek redress through several avenues:

• Jersey Employment and Discrimination Tribunal (JEDT): The JEDT handles discrimination complaints related to workplaces and has the authority to order remedies, including reinstatement, compensation, and punitive damages.
• Complaints to the Jersey Advisory and Conciliation Services (JACS): JACS offers mediation and initial support for discrimination complaints.
• Courts: In some instances, individuals may take legal action through the courts, particularly for discrimination outside the employment context.

Employer Responsibilities

Employers in Jersey play a crucial role in combating discrimination and fostering inclusion. Their key responsibilities include:

• Equal Opportunities Policies: Enforcing clear policies prohibiting discrimination and harassment based on the protected characteristics.
• Training and Awareness: Educating employees on anti-discrimination law, diversity, and unconscious bias through regular training.
• Grievance Procedures: Establishing accessible procedures for employees to report discrimination, with prompt investigation and corrective action.
• Positive Actions: Jersey law encourages employers to take reasonable positive actions to promote equality and address under-representation of disadvantaged groups.

Jersey places a high priority on fair treatment and the well-being of employees through its established standards for working conditions. While there isn't a single, overarching law, regulations and best practices ensure a baseline for healthy work environments. This includes specifics on working hours, rest periods, and ergonomic considerations.

Working Hours

In Jersey, there is no legally mandated maximum working week. The standard working week is typically 40 hours, although this can vary depending on the industry and employment contract. Overtime work is permitted, but regulations are evolving. The Jersey Employment Forum (JEF) encourages responsible management of overtime and adherence to the ACAS Working Time Code. The ACAS code promotes employee well-being by advocating for rest periods and avoiding excessive working hours. It's important to note that the Employment (Jersey) Law 2003 (EJL) grants employees the right to refuse unreasonable overtime requests.

Rest Periods

Jersey emphasizes the importance of rest periods for employee well-being. While not legally mandated, breaks throughout the workday are customary. Typically, employees receive a lunch break of at least 30 minutes and shorter rest breaks throughout the day. Employees are generally entitled to one full day of rest per week.

Ergonomic Requirements

There's no specific law solely dedicated to ergonomics in Jersey. However, the Health and Safety at Work (Jersey) Law 1989 (HSW Act) and subsequent regulations establish a framework for workplace safety. This framework indirectly influences ergonomic considerations. The HSW Act places a general duty on employers to ensure, as far as reasonably practicable, the health, safety, and welfare of employees at work. This can encompass ergonomic risks associated with workstation design, repetitive tasks, or heavy lifting. Employers are required to conduct risk assessments to identify potential workplace hazards, which could include ergonomic risks. The Health and Safety at Work (Jersey) Regulations 2000 provide guidance on various workplace safety aspects, and some guidance material touches upon ergonomics. The Jersey Employment Forum (JEF) encourages employers to follow best practices for workplace ergonomics to prevent musculoskeletal disorders.

Jersey places a high priority on employee well-being through a robust health and safety (H&S) framework. The Health and Safety at Work (Jersey) Law 1989 (HSW Act) is the cornerstone of this framework. This Act, along with additional regulations and best practices, outlines clear obligations for employers, protects employee rights, and assigns enforcement responsibilities.

Employer Obligations

The HSW Act emphasizes the responsibility of employers to create a safe and healthy work environment. Key employer obligations include:

• Risk Assessments: Employers are required to conduct regular risk assessments to identify potential hazards in the workplace. These assessments should cover various aspects such as machinery, chemicals, work processes, and the psychosocial work environment.
• Safe Work Procedures: Employers are responsible for developing and implementing safe work procedures to minimize risks. This involves providing proper training to employees on these procedures.
• Provision of Personal Protective Equipment (PPE): Employers must provide employees with appropriate PPE based on the specific workplace risks identified in the risk assessment.
• Consultation with Employees: The HSW Act encourages consultation with employees on H&S matters. This can involve involving them in risk assessments, safety discussions, and decisions.
• Accident Reporting: Employers are legally required to report work-related accidents, incidents, and near misses to the Health and Safety Inspectorate (HSI).

Employee Rights

Employees in Jersey have a well-defined set of rights under the H&S framework:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks associated with their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

Enforcement Agencies

The primary responsibility for enforcing H&S regulations in Jersey falls to the Health and Safety Inspectorate (HSI) within the Department of Infrastructure, Housing and Environment. The HSI carries out these tasks through its inspectors:

• Workplace Inspections: The HSI conducts regular inspections of workplaces to ensure compliance with health and safety regulations.
• Issuing Improvement Notices: If breaches are identified, inspectors can issue improvement notices outlining corrective actions employers must take.
• Prosecutions: In cases of serious non-compliance, the HSI can initiate prosecutions against employers, with penalties that may include fines or imprisonment.