Written Statements (contract)
Guidance note 1 to the EMPLOYMENT (JERSEY) LAW 2003
This statement is intended to explain to employers and employees the principal requirements of the Law. It is not intended to cover all the requirements of the Law, nor does it represent a statement of the Law.
Written Statement of Employment Particulars
(part 2 Articles 3 to 9)
1) Within 4 weeks after an employee begins employment, the employer must provide a written statement of the terms of employment.
2) Even if the employment ends before 4 weeks is completed, written terms must still be provided.
3) If an employee is due to work outside the Island for more than 4 weeks, written terms must be provided before he leaves the Island to start work. (Article 2 (6))
4) The statement of written terms must be signed by the employer and must detail the following:
a) Names of the employer and the employee.
b) Date the employment started.
c) Date when employee's period of continuous employment began, taking into account any employment with a previous employer which counts, such as in a business transfer.
d) Scale or rate of pay or method of calculating pay.
e) Whether paid weekly, monthly or at other intervals, the day on which payment is to be made and the method of payment (e.g. in cash, by cheque, by bank transfer).
f) Terms and conditions that relate to hours of work (e.g. overtime requirements), including those relating to normal hours, shift arrangements, rest periods.
g) Terms and conditions relating to:-
i) Entitlement to holidays, including public holidays, and holiday pay. (Please refer to guidance notes 2 dealing with minimum paid holiday entitlement). Sufficient detail must be given to enable the employee's entitlement, including accrued holiday pay on termination of employment, to be precisely calculated. (To avoid problems it is also best to state when the "holiday year" commences e.g. whether the employee's paid holiday entitlement is to be taken in the period January 1st to December 31st, or the period April 1st to the following March 31st, together with any "carry over" facilities for leave not taken, if permitted by the employer).
ii) Sickness or injury, including any provision for sickness or injury pay.
iii) Pension and pension schemes. (Note: If pension scheme details are provided by another body or authority, then this is acceptable).
iv) Parental leave.
v) Redundancy (Please refer to guidance notes 11 dealing with redundancy payments).
vi) Disciplinary and grievance procedures.
h) The period of notice which the employee is obliged to give and is entitled to receive to terminate the employment. (Please refer to guidance notes 5 on Termination of Employment, that provide for increased notice periods in line with increasing length of service. Longer periods than the statutory minimum may be specified in a relevant agreement between the employer and the employee).
i) Where the employment is not on a permanent basis then the terms should detail:
i) the period that the employment is expected to continue
ii) if fixed term, the date when the contract will end
iii) any event that will terminate the contract e.g. the seasonal closure of a business or the summer holiday period.
iv) any specific task or project that, once completed, will be the end of that employment.
j) he title of the job or a brief job description.
k) The place of work or an indication of more than one place if that is the case, together with the employer's address.
l) Any collective agreement affecting the terms & conditions and, if the employer is not a party to the agreement himself, the persons who made that agreement e.g. a trade association.
m) If required to work outside of the Island for more than 4 weeks continuously: the period concerned; the currency in which payment will be paid; any additional payments or benefits due in relation to such work; any terms and conditions relating to a return to the Island.
(Health and Safety: (Whilst there is not a requirement under the Employment (Jersey ) Law 2003, for a written Health and Safety document - this is required for business with 5 or more employees under the (Health and Safety at Work (Jersey) Law 1989 Article (3) (3).)
5) In the written statement the employer may refer the employee to a document that is available for them to read at work or is otherwise reasonably accessible and that covers all or any of the issues detailed in paragraph 4g) above e.g. a company handbook, trade union agreement or notice on a staff notice board. Similarly, reference may be made to the law or to a collective agreement, which is accessible to the employee, in respect of notice periods required in paragraph 4h) above. Not all the terms in the written statement need to be contractual.
Changes in the terms of employment
6) If an employer wishes to change the terms of employment required to be set out in the written statement the employer must notify the employee in writing of the changes not later than 4 weeks after the change. (Earlier if that change results from the employee being required to work outside the Island). Alternatively, the employer may refer to another document or collective agreement containing the relevant information and which is available to the employee to read at work or is otherwise reasonably accessible and that covers all or any of the issues detailed in paragraph 4g) above e.g. a company handbook, trade union agreement or notice on a staff notice board. Note: Changes to contractual terms should be agreed between employer and employee. Changes made by one party without the agreement of the other may otherwise result in a claim for breach of contract.
7) The employer must advise the employee immediately in writing if the name or the identity of the employer is changed where there is no change in the terms of employment or where the continuity of the period of employment is not broken.
Reference to the Tribunal, timescale and penalties
8) An employee who is not provided with a written statement of their employment terms may refer the matter to the Tribunal may be awarded compensation of up to 4 weeks pay. Similarly, an employee or an employer may refer to the Tribunal where a written statement has been provided, but it is a question of whether or not the statement fully complies with the requirements.
9) 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).