Employment Contracts

Let's talk about Terms of Employment & Payslips.

This short video sets out the requirements under the current Jersey legislation.

• An employer must give employees a written statement of employment terms (Contract) within 4 weeks of starting work.
• Even if an employee leave before 4 weeks, they are still entitled to receive it.
• If employees are going to work outside Jersey for more than 4 weeks, they must receive the written terms before they leave.

An FTC ends when:

• A specific time period (e.g. 6 months) is reached
• A specific date is reached
• The occurrence or non-occurrence of an event (e.g. return from maternity leave)
• The completion of a specific task (e.g. sale of a company)

To guide employers and employees on: 

• The right to request a change to written terms of employment.
• The right to appeal if such a request is refused.

1. Flexibility Clause

• Check if the existing contract includes a flexibility clause.
• Assess whether it has been used before and whether it covers the proposed changes.
• Most flexibility clauses do not cover fundamental changes (e.g., pay, hours, holidays).

2. Nature of the Change

• Minor changes (e.g., job title tweaks) may be easier to implement. 
• Fundamental changes (e.g., salary, working hours) require careful handling and likely consultation.

3. Legal Risks 

Avoid imposing changes unilaterally - this can lead to breach of contract claims. 

Dismissal and re-engagement should only be considered after thorough consultation, as it risks unfair dismissal claims. 

4. Best Practice for Agreement

• Aim for mutual agreement with employees.
• Avoid presenting changes as a “done deal” or issuing ultimatums.
• Be transparent, open to alternatives, and mindful of morale and discrimination risks.
• Confirm any agreed changes in writing within 28 days.

5. Consultation Process 

• Begin early and include all affected employees.
• Ensure consultation is genuine transparent and meaningful, not just procedural.
• Clearly explain the business reasons for the proposed changes.
• If a Collective Agreement exists, follow its procedures.
• Consider forming an employee forum for structured consultation.

Meaningful consultation …

• start the consultation process early and include all affected employees.
• ensure that consultation is meaningful, and not just a box-ticking exercise to say it has been done.
• transparency and clarity are the key words – set out reason for needing to make any changes.

Before Startng ...

• check the terms of employment for an existing flexibility clause.
• understand the impact of the proposed change and the business case for wanting to achieve this. 
• is there a Collective Agreement in place - if so, follow the process set out in the Agreement?
• consider setting up an employee forum to consult with employees (like collective consultation under redundancy rules).

Adding or making changes to contractual clauses in a contract is not as straight-forward as just advising an employee with 4 weeks’ notice. The optimal way forward would be to mutually agree changes between the employer and the employee(s).