Employment and Discrimination (Jersey) Amendment Law 2025

Employment and Discrimination (Jersey) Amendment Law 2025 Contents Article Part 1 2 Amendment of the Employment (Jersey) Law 2003 2 1 Employment (Jersey) Law 2003 amended . 2 2 Article 1 (interpretation and application) amended . 2 3 Article 62 ( circumstances in which an employee is dismissed) amended . 2 4 Articles 63A to 63C inserted . 2 5 Article 77F (compensation awards) amended . 4 6 Amendment of Articles relating to payment of compensation . 4 Part 2 4 Amendment of the Discrimination (Jersey) Law 2013 4 7 Discrimination (Jersey) Law 2013 amended . 4 8 Article 42 (remedies available) amended . 4 Part 3 5 Closing 5 9 Citation and commencement 5 Employment and Discrimination (Jersey) Amendment Law 2025 A LAW to amend the Employment (Jersey) Law 2003 and the Discrimination (Jersey) Law 2013 . Adopted by the States 22 April 2025 Sanctioned by Order of His Majesty in Council 9 July 2025 Registered by the Royal Court 18 July 2025 THE STATES , subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law – Part 1 Amendment of the Employment (Jersey) Law 2003 1 Employment (Jersey) Law 2003 amended This Part amends the Employment (Jersey) Law 2003 . 2 Article 1 ( interpretation and application ) amended In Article 1(1), after the definition “prescribed” there is inserted – “reasons for dismissal” has the meaning given in Article 63A; 3 Article 62 ( circumstances in which an employee is dismissed ) amended In Article 62(2) “and the reason for the dismissal is to be taken to be the reason for which the employer’s notice is given” is deleted. 4 Articles 63A to 63C inserted After Article 63 (effective date of termination) there is inserted – 63A Employer to give written statement of reasons for dismissal ( 1 ) Paragraph (2) applies if an employer terminates – ( a ) an employee’s contract of employment under Article 62(1)(a); or ( b ) an employee’s fixed term contract of employment before the expiry of the fixed term. ( 2 ) The employer must give the employee a statement in writing setting out the reasons for the employee’s dismissal (the “reasons for dismissal”). ( 3 ) The reasons for dismissal must be – ( a ) signed and dated by the employer, or if the employer is a body corporate, a limited liability company or a partnership, by an officer or partner authorised to sign the statement; and ( b ) given to the employee not later than 7 days after the date of the employee’s last day of employment. ( 4 ) The reasons for dismissal must be given to the employee even if they have not been continuously employed in accordance with Article 73(1). ( 5 ) In this Article “given”, in relation to giving reasons for dismissal means – ( a ) delivered to the employee in person; or ( b ) sent to the employee by post or email. 63B Reference to Tribunal for non-compliance with Article 63A ( 1 ) Paragraph (2) applies if an employer does not give an employee reasons for dismissal as required by Article 63A(2), (3) and (4). ( 2 ) An employee may refer the matter to the Tribunal to determine – ( a ) whether the employer had a reasonable excuse for not complying with the requirements of Article 63A(2), (3) and (4); ( b ) whether the employer should pay compensation to the employee for failing to comply with those requirements; and ( c ) the amount of compensation, if any, that is to be ordered, subject to Article 63C (2)(a). ( 3 ) If the employment has ended, the Tribunal may consider a reference only if it was made – ( a ) not later than 8 weeks after the date that the employment ended; or ( b ) within a further period that the Tribunal considers reasonable if it is satisfied that it was not reasonably practicable for the reference to be made within 8 weeks. 63C Determination of Article 63A reference ( 1 ) Paragraph (2) applies if, on a reference under Article 63B , the Tribunal determines that the employer has no reasonable excuse for not complying with Article 63A(2), (3) and (4). ( 2 ) The Tribunal may order the employer – ( a ) to pay compensation to the employee of an amount not exceeding 8 weeks’ pay; ( b ) to give the reasons for dismissal. ( 3 ) If the Tribunal determines that the employer has a reasonable excuse for not complying with the requirements of Article 63A(2), (3) and (4), the Tribunal may, despite that determination, order the employer to give the reasons for dismissal. 5 Article 77F (compensation awards) amended In Article 77F after paragraph (2) there is inserted – ( 2A ) The Tribunal may – ( a ) have regard to the employer’s conduct when making an award of compensation under Article 77(2), or Article 77E (3)(a); and ( b ) if it considers it reasonable to do so, increase the amount of the award by up to 25%. 6 Amendment of Articles relating to payment of compensation In the Articles listed in the table, for “4 weeks’ ” there is substituted “8 weeks’ ” – Article 8 ( determination of references ) paragraph (1)(b) Article 10 (rest period) paragraph ( 2E ) Article 15F (remedies) sub-paragraph (b) Article 15N (remedies for breach of Part 3B ) sub-paragraph (c) Article 33 (remedies) paragraph (1)(b) Article 54 (determination of references) paragraph ( 1A ) Article 55T (remedies for breach of Part 5A ) paragraph (1)(b) Article 60P (complaints to Tribunal for breach of Article 60O ) paragraph (5)(a) Article 78B (complaints to Tribunal) paragraph (3)(a) Part 2 Amendment of the Discrimination (Jersey) Law 2013 7 Discrimination (Jersey) Law 2013 amended This Part amends the Discrimination (Jersey) Law 2013 . 8 Article 42 (remedies available) amended ( 1 ) For Article 42(1)(b) there is substituted – ( b ) order the respondent to pay to the complainant compensation for financial loss, and hurt and distress; ( 2 ) After Article 42(1) there is inserted – ( 1A ) The amount of compensation that may be ordered under paragraph (1)(b) for – ( a ) financial loss, must not exceed the lesser of £30,000 or 52 weeks’ pay; and ( b ) hurt and distress, must not exceed £30,000. ( 1B ) But the total amount of compensation ordered under paragraph ( 1A )(a) and (b) must not exceed the lesser of £30,000 or 52 weeks’ pay. ( 3 ) After Article 42(2) there is inserted – ( 2A ) The Minister must review the maximum amounts of compensation that the Tribunal may order under this Article – ( a ) not later than 3 years after the date on which the Employment and Discrimination (Jersey) Amendment Law 2025 comes into force; and ( b ) subsequently, not later than 3 years after the date of each previous review. ( 4 ) In Article 42(4), for “The States may by Regulations amend paragraph (1)(b) so as to” there is substituted “The States may by Regulations amend paragraph ( 1A ) or ( 1B ) to”. Part 3 Closing 9 Citation and commencement This Law may be cited as the Employment and Discrimination (Jersey) Amendment Law 2025 and comes into force 7 days after it is registered .