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Wellbeing, Sickness and Health
Health & Wellbeing
Health and Wellbeing
General advice around wellbeing and health in the workplace covering: Menopause; Mental Health & Wellbeing; Alcohol and Drugs; Sick-pay; General Wellbeing.
Mental Health in the Workplace
Mental ill health can arise from various workplace issues such as:
- Poorly managed grievances
- Bullying or harassment
- Work-life imbalance
- Unresolved conflict
These can lead to stress, anxiety, depression, and both short and long-term absences.
Support and Training
- JACS offers guidance on developing workplace wellbeing and mental health strategies and we also offer a wellbeing in the workplace training seminar – please contact us for more details/dates.
- Mind Jersey provides accredited mental health training, including:
- First Aid for Mental Health (Levels 1–3)
- Managers Guide to Mental Health
- Bespoke sessions on resilience, anxiety, SAD, and more
Alcohol in the Workplace
While there are no specific Jersey laws mandating alcohol policies, employers are encouraged to:
- Maintain a drug and alcohol-free environment
- Include alcohol-related conduct in disciplinary procedures
- Offer support for substance misuse where appropriate
Smoking Policies
Legal Position
Under the Restriction on Smoking (Workplaces) (Jersey) Regulations 2007):
- Smoking is prohibited in all enclosed public and shared workplaces.
- Smoking rooms are no longer permitted.
Smoking Shelters
- Must be at least 50% open on the sides.
- Should not discharge smoke into enclosed areas.
- May require planning approval.
Vaping
- Not covered by smoke-free legislation.
- Employers may choose to include or exclude vaping in their smoking policies.
Health and Safety Policy
Legal Requirement
Employers with five or more employees must have a written health and safety policy under the Health and Safety at Work (Jersey) Law 1989.
Policy Must Include:
- General aims for health and safety
- Systems and procedures
- Communication and cooperation expectations
- Disciplinary consequences for neglect
Case Study
Case Study
Mental Health at Work
How much do you know about Mental Health in the workplace? Watch our short video to learn about a case study on this subject.
The Problem:
Directors at a company were experiencing ongoing performance and behavioural concerns relating to a senior employee. Their performance concerns had been ongoing for over a year and areas for improvement were noted in quarterly reviews. The employee was difficult to manage and was argumentative and disrespectful to the Directors in front of other staff members.
Where it went wrong:
When challenged, the employee informed the Directors that she had been diagnosed as bi-polar. The employee was likely classed as disabled under the Discrimination (Jersey) Law,, therefore the company had to be careful not to discriminate because of disability or the employee’s behaviour relating to it. However, the company did still have the right to manage the employee’s conduct and performance.
Things that were missed:
Although some issues had been raised as part of the company’s reviews, there had not been any formal performance management process (as set out in their own policy). The company were advised that they needed to establish clear areas for improvement, and draw up a Performance Improvement Plan (PIP) with reasonable goals and timeframe for improvement. They should invite the employee to discuss this to agree the plan which would include support and training where necessary.
As part of the same process, the company were advised to ask the employee for further details of their illness, including how long they had been bi-polar and how it affected their work. Furthermore, to encourage the employee to clarify any reasonable adjustments that they wanted the employer to consider.
The result:
The Directors met with the employee to discuss their mental health and performance issues. As part of these discussions the company agreed to engage with a specialist advice charity that the employee had consulted in relation to potential reasonable adjustments.
The employee advised that they were unhappy with the prospect of a performance management process and that it was causing a lot of stress. The firm were advised to consider offering a Settlement Agreement as an alternative to the performance process. This would include a clean break termination of employment and waiver of employment rights, in consideration of making an agreed payment.
The company offered the employee a fair settlement sum in a safe way, which they agreed to accept. No further action was required.
If you have any concerns or need some advice, please feel free to reach out to us.
Is there a legal entitlement to sick pay in Jersey?
No. Employers in Jersey are not legally required to pay sick pay beyond what is provided by the Social Security Department. However, under the Employment (Jersey) Law 2003, employers must state in the written terms of employment whether any company sick pay is offered.
What is Short Term Incapacity Allowance (STIA)?
STIA is a Social Security benefit paid to individuals who are unable to work due to illness or injury. A medical certificate from a doctor is required to claim it.
- Standard rate: calculated annually
- Paid weekly in arrears
- Can be paid directly to the employee or to the employer (if agreed)
What is contractual sick pay?
Contractual sick pay refers to additional sick pay provided by the employer, beyond STIA. This is not mandatory, but many employers offer it as part of their employment package.
Details should be included in:
- The written statement of employment terms
- A staff handbook or policy document
What should be included in a company sick pay scheme?
Employers should clearly outline:
- Eligibility criteria (e.g. length of service)
- Payment levels and duration
- Re-qualifying conditions
- Interaction with holidays
- Whether the scheme is contractual or discretionary
Are there rules about notifying sickness absence?
There are no statutory rules in Jersey, but employers should set clear internal procedures, including:
- Who to notify and how (e.g. phone, email)
- When to notify (e.g. before start of shift)
- Requirements for self-certification or medical certificates
- Consequences of non-compliance
Where can I get more information or support?
Health Zone at Employment, Social Security and Housing
📍 Address: Government of Jersey, Union Street, St Helier, Jersey JE2 3DN
📞 Phone: +44 (0)1534 444444
📧 Email: health.zone@gov.je
🌐 Gov.je
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