Firms warned to be ready for changes in employment law

Thursday 20th December 2012, 3:00PM GMT.

Lawyer Huw Thomas addressing the conference
Lawyer Huw Thomas addressing the conference

ISLAND firms have been warned that they need to have the right policies in place ahead of updates to the Island’s employment laws next year to reduce the risk of falling foul of the new regime.

The warning was issued by the employment law team at Carey Olsen at a recent seminar at the Pomme d’Or Hotel attended by over 90 human resources professionals. They were told by lawyer Huw Thomas that the costs of getting it wrong could be very expensive.

He said that the most significant development during 2012 was the completion of the statutory redundancy scheme that is now part of the Employment (Jersey) Law 2003.

He told the audience that the final piece of the jigsaw was the collective consultation requirements, which are triggered when an employer seeks to make 12 or more people redundant within a 30 day period.


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  1. 1
    Bob

    More red tape businesses could well do without.

    Growth / recovery has to come from private businesses and I can tell you now most small businesses arent taking people on because of the costs – social security is crippling for example – and also because it is near on impossible to get rid of people who cant/wont do the job properly without the headache and time wasting JACS complaints…

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  2. 2
    MARTYFARTY

    JACS what a waste of taxpayers money,
    its partly their fault the island is on its knees,between them and social and tax they are crippling this island.
    I am an employer and will not take on anymore staff because of the situation JACS has installed upon our firm and every other firm in Jersey might i add, as far as i am concerned they act like criminals.

    Basically its just another govenment run department dictating to people how they run there businesses.

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  3. 3
    HOWLER

    nothing wrong with JACS about time jersey employers stood up to the mark and treated staff fairly you have six months to assess an employee without incurring the wrath of JACS maybe employer’s should improve there recruiting skill’s instead of snapping up the immigrant cheap labour but alas the ones who only look at the bottom line are paying the price

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    • Jon

      The 6 month rule is regularly abused, employees have no right to contest unfair dismissal if it happens with in the first 26 weeks of their employment.

      It also means that your employment contract, staff hand book etc are not worth the paper they are written on, for the first 6 months of your time with a company, they can sack you for no reason and there is nothing you can do.

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      • James Wiley

        Employees are like children, it is not their fault they just do not comprehend the realities of business.

        The solution is simple, do not employ anyone, sub-contract. People are better off working on a self-employed basis anyway, as long as they are willing to work.

        If the Jersey people won’t do it then outsource to the UK and India now, much cheaper, no tax to pay to the States of Jersey and a lot less aggravation with no petty bureaucracy and form filling and most importantly there is no risk of spurious claims by vexatious employees.

        I would rather teach a man to fish than give him a fish, and likewise I would rather buy services from someone who is standing on their own two feet instead of someone who is still breast feeding, the self employed care about the service they provide employees can’t see beyond their own little bubble, just like children.

        If you get sacked its probably because you weren’t good enough at the job… I have never known anyone be sacked who contributes to the profitability of the business.

        These sort of regulations only increase unemployment.

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        • Mario

          So no one gets sacked when an employer finds a cheaper source of labour for example.

          The realities of business are that profit tends to come above everything else. If an employer can save money they will. After all it will mean more money for them and a better life style. The fact that this attitude often leads to others having less means very little to them. Modern business models encourage greed and service to self. They are not compatable with a fair and just society.

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        • James Wiley

          You are implying that anyone can do any job, that simply is not the case. Once you have someone in place who knows what to do and how to do it would you really sack them and replace them with someone who doesn’t know how to do the job just to save a few pounds?

          That is a false economy.

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        • mallouin

          Good to see some of Thatchers offspring alive and kicking just in the wrong place,it’s your world of me,me that has got us into this mess and sorry to say that Jerseymen/women are not going away however you may wish it.Old record now but sorry if you feel such contempt for us feel free to depart,no loss accruing to us,adieu et bon chance.

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        • James Wiley

          The government has gotten us into this mess by overtaxing and overspending, by destroying private industry through over regulation for the past 30 years.

          The substantial inheritance left to Walker, Ozouf and Bailhache (those talentless people born with silver cutlery in various orifices) and their hangers on, by men of vision such as Fred Clarke and the other businessmen who used to run this island, without being paid for their time in the States, has been squandered.

          It will be rags to rags in three generations.

          It saddens me as someone whose family have been involved in building this Island for centuries, but it is down to those such as myself to prepare and be in a position to re-build the island once this insanity passes.

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  4. 4
    nearer to france closer to home

    The more expensive you make it to employ people, the less people will employ, in france it is so expensive to employ someone, that the employer would first have to decide if he or his employee was going to do the job,, if it was his employee, he would have to charge more than if he done the job himself, hence pricing himself out of work, most people in france prefer to be a one man band, micro entraprise,even when there was plenty of work there was nobody to do it as artisans would not employ,and everybody is not suited to being self employed,its easy,more expense more rules,less jobs,and less skilled labour getting trained, goverments answer to this is let loads of imigrants in they will be happy to work hard for less and keep the locals on there toes, ever feel like they have you by your jersey royals?

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  5. 5
    Simple Sid

    JACs are a waste of time if you have any Employer issues get yourself a good lawyer/advocate.

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  6. 6
    gino risoli

    i hope this new legislation incorporates government rescue when private buisnesses get into difficulty.

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  7. 7
    gino risoli

    large and successful companies automatically offer staff better conditions to keep there staff, it is there choice but in this economic uncertainty other companies should not be burdened. The latter pay for work done why should one expect more. something for nothing does not work.

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