Jersey Advisory and
Conciliation (Jersey) Law 2003
A LAW to establish machinery for
promoting the improvement of employment relations and to assist in the
resolution of employment disputes, and for incidental and connected purposes
this Law, unless the context otherwise requires –
the Board of JACS constituted in accordance with the Schedule;
employment dispute” means a collective employment dispute as defined in
Article 5 of the Employment
Relations (Jersey) Law 2007;
Auditor General” has the same meaning as in the Comptroller
and Auditor General (Jersey) Law 2014;
means any dispute between an employer and a worker or workers in the employment
of that employer which is connected with the terms of employment or with the
conditions of labour of any of those workers or with the rights or duties of an
employer or an employee;
means the financial year of JACS, being the period beginning with the day on
which Article 2 comes into force and ending with 31st December in the
following year, and each subsequent period of 12 months ending with 31st
December in each year or such other date as the Minister may prescribe by Order;
includes power, authority and duty;
employment dispute” means an employment dispute that is not a collective
the Jersey Advisory and Conciliation Service established by Article 2;
the territorial waters adjacent to Jersey;
“Jersey ship” has
the meaning given in Article 2 of the Shipping
(Jersey) Law 2002;
member of the Board;
means the Minister for Social Security.
this Law, any reference to employment, or to one person being employed by
another, is a reference to –
which requires the employee to work wholly or mainly in Jersey; or
on a Jersey ship, unless –
(i) the employment is
wholly outside Jersey, or
employee is not ordinarily resident in Jersey.
this Law –
means a person who employs another person; and
means a person who is employed by an employer.
the purposes of paragraph (1), a person is employed by another person if
the first person works for the second person under a contract of service or
apprenticeship with the second person.
the purposes of paragraph (1), a person is also employed by another person
if the first person enters into any other contract
with the second person under which –
(a) the first person undertakes
to do, or to perform personally, work or services for the
(b) the status of the second
person is not that of a client or customer of any
profession or trade or business undertaking that is carried on by the first
is immaterial whether a contract to which paragraph (2) or paragraph (3)
refers is express or implied.
the contract is express, it is immaterial whether it is oral or in writing.
of Jersey Advisory and Conciliation Service
is established a body called the Jersey Advisory and Conciliation Service.
provisions of the Schedule shall have effect with respect to JACS.
duty to promote improvement of employment relations and the resolution of
It shall be the general
duty of JACS –
promote the improvement of employment relations;
assist in the resolution of individual and collective employment disputes; and
assist in the building of harmonious relationships between employers and
employees, collectively and individually, and thereby improve the performance
and effectiveness of organisations.
an individual or collective employment dispute exists or is apprehended JACS
may, at the request of one or more parties to the dispute or otherwise, offer
the parties to the dispute its assistance with a view to bringing about a
assistance may be by way of conciliation or by other means,
and may include the appointment of an employee of JACS or a person other
than an employee of JACS to offer assistance to the parties to the dispute with
a view to bringing about a settlement.
exercising its functions under this Article JACS shall have regard to the
desirability of encouraging the parties to a dispute –
use any appropriate agreed procedures for negotiation or the settlement of
comply with a relevant code of practice approved under Article 25 of the Employment
Relations (Jersey) Law 2007.
JACS shall designate some
of its employees, and may designate persons who are not employees of JACS, to
conciliate in individual or collective employment disputes in accordance with
this Law and any other enactment (whenever passed) relating to matters which
are or could be the subject of proceedings before the Jersey Employment and
Discrimination Tribunal established by Article 81 of the Employment
(Jersey) Law 2003.
an individual or collective employment dispute exists or is apprehended JACS
may, at the request of one or more of the parties to the dispute and with the
consent of all the parties to the dispute, refer all or any of the matters to
which the dispute relates for settlement through arbitration or mediation
conducted by one or more persons appointed by JACS for that purpose (not being
members or employees of JACS).
exercising its functions under this Article JACS shall consider the likelihood
of the dispute being settled by conciliation.
there exist agreed appropriate procedures for negotiation or the settlement of
disputes between the parties to the employment dispute, JACS shall not refer a
matter for settlement to arbitration or mediation under this Article
procedures have been used and have failed to result in a settlement; or
is, in JACS’ opinion, a special reason which justifies arbitration or
mediation under this Article as an alternative to those procedures.
a matter is referred to arbitration –
more than one arbitrator or arbiter is appointed, JACS shall appoint one of
them to act as chairman; and
award may be published if JACS so decides and all the parties
(Jersey) Law 1998 shall not apply to an arbitration under this Article.
may issue such information and give such advice as it thinks appropriate on
matters concerned with employment relations.
or advice given under paragraph (1) may be given on request or otherwise.
may also publish general advice on matters concerned with employment relations
or established employment policies.
may inquire into any question relating to employment relations generally or to
employment relations in any particular industry or in
any particular undertaking or part of an undertaking.
findings of an inquiry under this Article, together with any advice given by
JACS in connection with those findings, may be published by JACS
appears to JACS that publication is desirable for the improvement of employment
relations, either generally or in relation to the specific question inquired
sending a draft of the findings to all parties appearing to be concerned and
taking account of their views, it thinks fit.
Minister may by Order make provision for the purpose of carrying this Law into
Order made under this Law may –
different provision in relation to different cases or circumstances; and
such transitional, consequential, incidental or
supplementary provisions as appear to the Minister to be necessary or expedient
for the purposes of the Order.
This Law may be cited as
the Jersey Advisory and Conciliation (Jersey) Law 2003.
Constitution and Administration of Jersey Advisory and Conciliation
Service and its Board
1 Constitution of JACS
(a) be a
body corporate, of which the corporators are the members of its Board, with
perpetual succession and a common seal; and
directed by a Board constituted in accordance with paragraphs 3 to 5.
and be sued in its corporate name;
(b) enter into contracts and acquire, hold and dispose of any
far as is possible for a body corporate, exercise the rights, powers and
privileges and incur the liabilities and obligations of a natural person of
full age and capacity.
2 Administration of JACS
functions of JACS, and those of its employees, shall be performed on behalf of
the States, but not so as to make it subject to
directions of any kind from any Minister or Member of the States as to the
manner in which it is to exercise its functions under any enactment.
in any enactment shall prevent or penalise the disclosure to JACS, for the
purposes of the exercise of any of its functions, of information lawfully
obtained by a Minister, administration or department
of the States.
shall maintain such offices in Jersey as it thinks fit for the purposes of
discharging its functions under any enactment.
Board of JACS
to the following provisions, the Board shall consist of not more than 7 members
who shall not be members of the States.
the commencement of this Law the Board shall be constituted of members
appointed by the Minister on the recommendation of the Employment Forum, but
thereafter members shall be selected and appointed by the Board subject to the
approval of the Minister, who shall immediately inform the States of any such
making an appointment under sub-paragraph (2) the Board shall consult such
organisations representing employers and workers as the Board considers appropriate, and shall only appoint such persons as appear
to them to have skills, experience and ability in employment relations and
Board shall determine its own procedure, including the quorum necessary for its
Board shall each year choose a member to act as chairman, and another to act as
validity of proceedings of the Board shall not be affected by any vacancy among
the members of the Board or by any defect in the appointment of any of them.
fixing of the common seal of JACS shall be authenticated by the signature of a person
authorized by the Board to sign on behalf of JACS.
document purporting to be duly executed under the seal of JACS shall be
received in evidence and shall, unless the contrary is proved, be deemed to be
of appointment of members of Board
members of the Board shall hold and vacate office in accordance with their
terms of appointment, subject to paragraphs (2) and (3).
person shall not be appointed to the Board for a term exceeding 4 years, but
previous membership shall not affect eligibility for re-appointment.
member may at any time resign his or her membership, and the chairman or a
deputy chairman may at any time resign his or her office as such, by notice in
writing in accordance with the terms of his or her appointment.
a member –
been absent from meetings of the Board for a period longer than 6 consecutive
months without the permission of the Board;
neglected the duties of a member;
become bankrupt or made an arrangement with the member’s creditors;
the age of 70;
a member of the States;
incapacitated by physical or mental illness; or
otherwise unable or unfit to discharge the functions of a member,
the Board may declare the
member’s office as a member to be vacant and shall notify the declaration
to the members in such manner as the Board thinks fit, whereupon the office
shall become vacant.
of members of Board
JACS shall reimburse to
the members of its Board such travelling and other expenses actually incurred
as may be determined by the Board.
may appoint or contract for the provision of such staff as it may determine.
made under sub-paragraph (1) shall be made on such terms as to
remuneration and other conditions of service as the Board shall determine.
shall make such arrangements as it considers necessary for the payment of pensions
and associated benefits to its employees and their dependants.
Board may delegate any of the functions of JACS under this or any other
enactment wholly or partly to –
Chairman of the Board;
(c) an employee
of JACS; or
(d) a committee
whose member or members are drawn only from the members of the Board and
employees of JACS.
in this paragraph shall authorize the Board to delegate –
power of delegation conferred by this paragraph; or
function of reviewing any of its decisions.
delegation of any functions under this paragraph –
not prevent the performance of those functions by the Board or JACS itself; and
be amended or revoked by the Board.
9 Public Finances (Jersey)
For the purposes of
Article 3(2)(a) of the Public Finances (Jersey) Law 2005, money
received by JACS is not money received by or on behalf of the States.
report and accounts
proper accounts and proper records in relation to the accounts; and
accounts in respect of each financial year and, after the accounts have been
audited in accordance with sub-paragraph (3), provide these to the
Minister as soon as practicable after the end of the financial year to which
they relate, but in no case later than 4 months after the end of that year.
Minister shall lay a copy of the accounts so provided before the States as soon
as practicable after the Minister receives the report.
accounts of JACS shall –
audited by auditors appointed in respect of each financial year by the Comptroller
and Auditor General; and
prepared in accordance with generally accepted accounting principles and show a
true and fair view of the profit or loss of JACS for the period to which they
relate and of the state of JACS’ affairs at the end of the period.
(4) Articles 113
to 113E of the Companies
(Jersey) Law 1991 shall apply to an auditor and the
auditor’s appointment as if JACS were a company within the meaning of
those Articles and the appointment were under Article 109 of that Law.
shall prepare a report on its activities in each of its financial years.
shall provide the Minister with the report referred to in sub-paragraph (5)
as soon as practicable after the end of the financial year to which the report
relates, but in no case later than 4 months after the end of that year.
Minister shall lay a copy of the report so provided before the States as soon
as practicable after he or she receives the report.
JACS may charge, retain and apply in the performance of its functions –
and charges of such amounts, paid by such persons, and paid in such a manner,
as may be specified by the Minister by Order after consultation with the Board,
by or under this or any other enactment;
fees and charges (not consistent with this or any other enactment) of such
amounts, paid by such persons, and paid in such a manner, as may be decided by
JACS in respect of any service, item, or matter, that does not arise under this
or any other enactment; and
fees and charges (not consistent with this or any other enactment) as may be
agreed between JACS and any person for whom JACS provides advice, assistance or
other services under this or any other enactment, in respect of the advice,
assistance or other services.
shall not borrow money without the consent of the Minister.
Minister for Treasury and Resources may, on such terms as he or she may
determine, on behalf of the States –
the liabilities of JACS; and
money to JACS.
Minister for Treasury and Resources may act under paragraph (2) only on
the recommendation of the Minister.
JACS shall, in investing
any of its funds, comply with any guidelines specified by the Minister.
from Income Tax
The income of JACS shall
not be liable to income tax under the Income
Tax (Jersey) Law 1961.
person or body to whom this paragraph applies shall not be liable in damages
for anything done or omitted in the performance or purported performance of any
functions of JACS conferred by or under this Law or any other enactment, or any
other functions conferred by or under this Law, unless it is shown that the act
or omission was in bad faith.
paragraph applies to –
(a) the States;
Minister or the Minister for Treasury and Resources or any person who is, or is
acting as, an officer, employee or agent of an
administration of the States for which either of those Ministers is assigned
responsibility or performing any function on behalf of either of those
any member of the Board, or any person who is, or is acting as, an officer, employee or agent of JACS or the Board or performing any
function on behalf of JACS or the Board.