Jersey: Amendments To The Employment (Jersey) Law 2003

Last Updated: 14 November 2016
Article by Siobhan Riley, Huw Thomas, Tarina Le Boutillier and Harry Stirk

The Employment (Amendment No. 10) (Jersey) Law 2016 was registered by the Royal Court on 21 October 2016. It contains several relatively minor consequences for the Employment (Jersey) Law 2003 (the "Law"), which come into force on different dates. The table below sets out the key changes which came into force on 28 October 2016 and those which come into force on 1 April 2017.

This is in addition to other recent changes including:

  1. The addition of age discrimination as a protected characteristic for the purposes of the Discrimination (Jersey) Law 2013 (which came into force on 1 September 2016)
  2. The increase in the maximum weekly amount of pay for the purposes of calculating redundancy pay, which has risen to £700 (with effect from 25 September 2016).

In force

Summary of Change

In force now

One of the oddities of the Law since its inception has been the "two thirds rule". Under this rule, those on a fixed term contract of 26 weeks or less gained unfair dismissal protection far more quickly than those on other types of contract – including those on permanent contracts. Their unfair dismissal protection arose after completing either two thirds of their contract or 13 weeks (whichever was the longer). The oddity of the situation only increased when the "standard" qualifying period for unfair dismissal was increased to 52 weeks for employment commencing on or after 1 January 2015.

That oddity has now been removed by Amendment 10 to the Law. This means that all employees must have 52 weeks of service with their employer to qualify for protection against unfair dismissal – subject to the exceptions within the Law to that period (such as dismissal for a family related reason or for asserting a statutory right). There is an exception for existing contracts of 26 weeks or less as at 28 October 2016.

In force now

Amendment 10 also amends Article 71 of the Law, which concerns those engaged as replacements for employees absent wholly or in part because of pregnancy or childbirth. The current position is that it is fair to dismiss such employees on the return of the absent employee provided that they are informed in writing at their engagement Amendment 10 extends the circumstances to which this applies to pregnancy, childbirth or adoption, including but not limited to absence because of maternity leave, adoption leave or parental leave.

In force now

The Law on redundancy has been amended to make it clear that remuneration paid to an employee under his or her employment contract in respect of redundancy goes towards discharging an employer's liability to make a statutory redundancy payment. Conversely, payment of any statutory redundancy payment goes towards discharging an employer's liability to pay a redundancy payment to an employee under his or her employment contract.

In force 1 April 2017

Amendment 10 amends the Law to provide for up to four weeks' pay in compensation (in addition to any potential fine for non-compliance which may be levied under the Law) for any failure to provide:

  1. written particulars of employment (or any change thereto); or
  2. a written itemised pay statement.

In force

Summary of Change

In force 1 April 2017

There is a new Part 5B of the Law, which provides certain rights for a reservist i.e. a person who is a member of the reserve armed forces.

A reservist must notify their employer in writing of their intention to return to work following a service call up. This notice must be given by the third Monday after the end of service and must state the date on which the reservist will be available for work, which must be no later than 21 days after the latest date on which notice may be given.

An employer must allow a reservist to return to work at the first opportunity at which it is reasonable and practicable to do so. A reservist must be allowed to return to the job in which he or she was employed immediately before his or her service or to an equivalent job. The right to return includes the right to such seniority, pension rights and all other rights and no less favourable terms and conditions as the reservist would have had if he or she had not been absent on service. A reservist's period of service as a reservist does not break his or her period of continuous employment.

Should employers fail to honour these rights, the Tribunal may make a direction for reinstatement and re-engagement and it may award compensation of up to 26 weeks' pay for an employer's failure to respect a reservist's rights as well as further compensation of up to 26 weeks' pay if an employer does not fully comply with the terms of the Tribunal's direction.

The Law also makes provision for employers to be able to engage and dismiss temporary replacements for reservists on the same basis as those for temporary staff employed to cover pregnancy, childbirth, adoption and associated leave periods.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions