THE maximum compensation that can be awarded to Islanders who are discriminated against by their employer will rise from £10,000 to £50,000, if new legislation is approved by politicians.
The proposed new law is based on a report and recommendations about the Island’s compensation awards regime published by the Employment Forum in June last year.
Social Security Minister Lyndsay Feltham decided to accept each of the recommendations, and requested amendments to Jersey’s employment and discrimination law.
Now, Deputy Feltham is to bring the proposed amendments to the States Assembly for approval.
If they are accepted, the changes to the employment law would require an employer to give employees a written statement setting out the reasons for a staff member’s dismissal when terminating their contract.
If no reasons for dismissal are given, the employee has the right to refer the matter to the Jersey Employment and Discrimination Tribunal.
The new law would also increase awards of compensation from a maximum of four weeks’ pay to a maximum of eight weeks’ pay.
Amendments to the discrimination law would see the maximum award for financial loss rise from £10,000 to £50,000 in relation to employment-related discrimination claims. The maximum award for hurt and distress would also increase from £5,000 to £30,000.
These amendments are due to be debated in the States Assembly later this month.
Deputy Feltham acknowledged the fact that effective communication will be key to the successful implementation of these legislation changes.
The Employment Forum pointed out in its report that a significant factor in non-compliance with the law is the level of ignorance about the relevant provisions.
The minister said that the Jersey Advisory and Conciliation Service has already begun to raise awareness of the proposed new provisions, and will continue this in the coming weeks.
Deputy Feltham added that she would also consider how government resources could be deployed to ensure that employees and employers have good access to sources of advice and assistance.
The Employment Forum also made several separate recommendations relating specifically to the workings of the Employment and Discrimination Tribunal – including the anonymising of judgments, the introduction of a limited costs regime for vexatious conduct on the part of an employee or employer, and the extension of the time permitted for an employer to file a response to a claim.
The Social Security Minister has also accepted all of these recommendations, and said that they will be progressed as part of a wider review of the tribunal’s rules and regulations this year.
