Being at Work
Employment Law in Jersey
For comprehensive advice on any employment matter contact;
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Jersey Advisory and Conciliation Service (JACS)
Tel: (01534)
730503
www.jacs.org.je
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Contract of Employment
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A contract of employment exists where an offer of employment at
a given rate of pay has been accepted. This does not have to be
agreed in writing to be enforceable but the terms will be clearer
if they are put into writing. In Jersey law, the Employment
Law 2003 states that an employee who works more than 8 hours
per week must be provided with a written statement (of the terms
of their employment) not later than 4 weeks after employment
begins. Even if the employment ends before 4 weeks is completed, an
employee has the statutory right to ask for a copy of the written
terms that would have applied.
Not all the terms in a written statement need to be contractual,
but the statement should clearly indicate if any terms are intended
to be non-contractual.
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Read more information on contracts of
employment
Dismissal and
Redundancy
Termination of Employment
Minimum period of notcie
The main provisions of this part of the law are:
1. Except where the employee is on a fixed term contract of
employment and provided the employee has worked for the
employer for 8 hours or more in any week, the minimum period
of notice (see proviso in 2. below) to be given by the
employer shall be not less than:
a) 1 week's notice if continuous employment is less than 26
weeks.
b) 2 weeks' notice if continuous employment is 26 weeks or
more but less than two (2) years.
c) 4 weeks' notice if continuous employment is two (2)
years or more but less than five (5) years.
d) 8 weeks' notice if continuous employment is five (5) years
or more but less than ten (10) years.
e) 12 weeks' notice if continuous employment is ten (10)
years or more but less than fifteen (15) years.
f) 16 weeks' notice if continuous employment is
fifteen (15) years or more.
The Employment (Jersey) Law was amended on 1st
January 2011 such that notice periods to be given by the employer
will be changed to the following:
a) 1 week's notice if continuous service is less than 2
years
b) 2 weeks' notice if continuous service is 2 years or more
but less than 3 years
c) Plus an additional 1 week's notice for each year of service
up to a maximum of 12 weeks
2. An employer may state in a relevant agreement that during
the first 4 weeks of service a shorter notice period (than 1 week)
may apply, but after 4 weeks' service the statutory minimum notice
applies.
3. An employee is required to give not less than:
a) 2 weeks' notice if continuous employment is 26 weeks or
more but less five (5) years.
b) 4 weeks' notice if continuous employment is five (5) years
or more.
While the law makes no provision for statutory notice from
employees with less than 26 weeks' service (employers are required
to give a minimum of 1 week), this does not prevent an employer
adding a requirement to the statement of written terms e.g. "During
the first 26 weeks of employment an employee is required to give 1
week's notice of his intention to terminate his employment".
4. Longer periods of notice than those set out in the Law may
be specified in a relevant agreement between the employer and the
employee. Shorter periods of notice than those set out in the Law
are not permitted. If the written terms of employment or contract
of employment state, for example, "1 week's notice must be given by
either party", then after 26 weeks' continuous service the notice
period must be at least that which is set out in the law and will
increase with length of service.
5. The rate of pay during an employee's notice period, or
recoverable by the employer where an employee leaves without giving
the required notice, is that rate which applied immediately before
the event.
More detailed information can be found
here
More information on 'UNFAIR DISMISSAL'
