Settled Hours Guidance note 15

Effective 7 June 2024

THE EMPLOYMENT (JERSEY) LAW 2003 - Guidance note 15 – Changes to Terms of Employment (Settled Hours)                  

 This statement is intended to explain to employers and employees the principal requirements of the Law in respect of the right to a change of written terms to reflect work patterns, it is not intended to cover all the requirements of the Law, nor does it represent a statement of the Law, and is for guidance only.

The Law sets out:

• The right to request an amendment to the statement of terms of employment; and
• The right to appeal should an employer refuse to make such amendment.

 Right to Request an Amendment to Statement of Terms of Employment (Article 3A)

 If the terms of employment given to an employee sets out the flexible nature of the employment in respect of hours or place of work - when in practice an employee’s work pattern is (or has been) settled for at least 6 months prior to any request - an employee can request the right to have the terms of employment amended to reflect the settled work pattern.

NB:  a request under Article 3A can only be made once in any 12-month period.

Making a Request:

• The request should be in writing (click here to see JACS request form).
• Must specify which part of the terms of employment fall under this request and how they should be amended; and
• Reference Article 3A in the request for such an amendment.

Responding to a Request:

• Within 4 weeks of receiving a request an employment much consider the request and respond to it accordingly.
• A request can be refused if: -
  • the amendments do not reflect the employee’s work pattern.
  • to make such an amendment would have a serious detrimental effect on the performance of the employer’s business.
  • the employer believes that the employee’s work pattern will change within 4 weeks of the date on which the request is made.
  • the employee’s contract is due to end within 4 weeks of the day on which the request is made.
• An employer must:
• Put the refusal of such a request in writing stating the reasons (as per the four reasons above) for such a refusal.
• If accepting the request, then no later than 4 weeks after granting the request give the employee a revised set of terms of employment reflecting the request and the date upon which the revision takes effect.

NB:  If the person who would normally consider the request is absence from work the 4-week period starts on the day such person returns to work or 4 weeks after the day the request was made (whichever is the earliest).

Review of Refusal to Amend the Statement of Terms of Employment (Art 3B)

• If the request to amend the Statement of Terms is denied the employee may request the decision is reviewed by notifying the employer in writing no later than 2 weeks after the day the employee is made aware of the decision.
• Within 2 weeks of receiving the above notice the employer must: -
  • Grant the request and issue a new statement of terms within 4 weeks of granting the request giving the date upon which the amended terms commence.
  • Hold a meeting with the employee (and any person representing the employee*) to discuss the request for the amendment.

• If a meeting is held (as per above), the employer needs to advise the employee within 2 weeks (of the meeting) of the decision regarding the amendment; and
• If the request is agreed, a new statement of terms must be issued within 4 weeks of granting the request giving the date upon which the amended terms commence.

*The right of representation as per disciplinary and grievance hearings apply any meetings as per above.

NB:  If the person who would normally consider the request is absence from work the 2-week period starts on the day such person returns to work or 4 weeks after the day the request was made (whichever is the earliest).

Other than the 4 weeks within which an employer if required to provide a revised Statement of Terms of Employment, the employee and the employer may agree to extend any of the periods set out in Article 3B.

References to the Tribunal

An employee who does not receive a revised written statement of their employment terms as requested under Article 3A or 3B may refer the matter to the Tribunal and may be awarded compensation of up to 4 weeks’ pay.

In cases where the employment has ended, any reference to the Tribunal must be made within 8 weeks of the date on which the employment ended (in exceptional cases, this period may be extended when the Tribunal agrees that it was not reasonably practical for the application to be made in time).

Further advice or information may be obtained from the Jersey Advisory and Conciliation Service in person or by telephoning (01534 730503); email jacs@jacs.org.je; website: www.jacs.org.je.

 3 June 2024