Employment and
Discrimination Tribunal (Jersey) Regulations 2014
1 Interpretation[1]
In these Regulations, unless the context
indicates otherwise –
“chair” means a member of the Tribunal described in Regulation 2(1)(a);
“deputy chair” means a member of the Tribunal described
in Regulation 2(1)(b);
“Discrimination Law” means the Discrimination (Jersey) Law 2013;
“Jersey Appointments Commission”
means the Commission established by Article 17 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“lay member” means a member of the Tribunal construed in
accordance with Regulation 2(2);
“member” means the
chair, a deputy chair or a lay member of the Tribunal;
“Minister” means
the Minister for Social Security;
“Tribunal” means
the Jersey Employment and Discrimination Tribunal.
2 The
Jersey Employment and Discrimination Tribunal
(1) The Tribunal must
consist of the following members –
(a) a chair,
being a person who holds a qualification in law and who is appointed to hold
the office of chair of the Tribunal in accordance with Regulation 3;
(b) at
least one and not more than 5 deputy chairs, being persons who hold a
qualification in law and who are appointed to hold the office of deputy chair
of the Tribunal in accordance with Regulation 3;
(c) at
least 4 and not more than 12 other members, being persons with knowledge or
experience of or interest in trade unions or matters relating to employees
generally;
(d) at least 4 and not more than 12 other members, being persons
with knowledge or experience of or interest in employers’ associations or
matters relating to employers generally; and
(e) at least 4 and not more than 12 other members, being persons
with knowledge or experience of or interest in matters relating generally to equality
and discrimination, or to discrimination and protected characteristics within
the meaning of the Discrimination Law.[2]
(2) The members described
in paragraph (1)(c) to (e) are appointed to hold the office of lay member of the Tribunal in accordance with Regulation 3.[3]
(3) A person must not serve
as a member in respect of more than 1 category listed in paragraph (1) at
the same time.[4]
3 Appointment
of members
(1) The Minister must
appoint individuals as members of the Tribunal to hold the offices
of –
(a) chair
of the Tribunal;
(b) deputy
chair of the Tribunal; and
(c) lay
member of the Tribunal.[5]
(1A) The Minister may appoint an
individual under paragraph (1) only if the Minister is satisfied that the
individual has relevant qualifications, knowledge or experience of, or interest
in, some or all of the matters specified in
Regulation 2(1).[6]
(2) For
the purposes of Part 4 of the Employment of States of Jersey Employees
(Jersey) Law 2005 (the “2005
Law”) –
(a) the
office of chair
of the Tribunal is
a senior States’ office prescribed under Article 16(1) of the 2005
Law;
(b) the
offices of –
(i) deputy chair of
the Tribunal, and
(ii) lay
member of the Tribunal,
are offices prescribed under Article 15(3)
of the 2005 Law; and
(c) the
holders from time to time of the office of chair of the
Tribunal, deputy chair of the Tribunal or lay member
of the Tribunal are prescribed to be States’ appointees under Article 15(3)
of the 2005 Law.[7]
(3) The recruitment of
members of the Tribunal must be overseen by the Jersey Appointments Commission, and conducted in accordance with the guidelines
produced by the Commission under Article 24 of the 2005 Law.[8]
(4) [9]
4 Oath of member
(1) This
Regulation applies to any member of the Tribunal appointed or re-appointed
under Regulation 3 or 5.
(2) Before first discharging their duties as a member, a member must take oath before the Royal Court that they will well and
faithfully discharge the duties attached to the office
of chair of the Tribunal, deputy chair of the Tribunal or lay member of the
Tribunal, as the case may be.[10]
5 Term
of office of members
(1) A member’s term
of office is for the period specified by the Minister when appointing the
member, which must not exceed 5 years.[11]
(2) The Minister may, on
the written request of a member and after consultation with the Jersey
Appointments Commission, extend the member’s initial term of office by
re-appointing the member to the same office for a second term not exceeding
5 years.[12]
(3) Regulation 3 does
not apply in respect of such a re-appointment.[13]
(4) However, nothing in
paragraph (2) or (3) prevents a re-appointment from being made in
accordance with Regulation 3.[14]
(5) A member may continue
in office after their term of office has expired, so long as the continuation
is only for the purpose of completing any proceedings that the member began to
hear before that expiry.[15]
6 Termination
of office
(1) A member of the
Tribunal ceases to hold office on resigning, by giving notice in writing to the
Minister.[16]
(2) The chair or a deputy chair
ceases to hold office if they cease to hold a qualification in law.[17]
(3) Any member of the
Tribunal ceases to hold office –
(a) on
becoming bankrupt;
(b) on
the appointment of a delegate, under Part 4 of the Capacity and Self-Determination (Jersey)
Law 2016, in relation to the member;
(c) on
being received into guardianship under the Mental Health (Jersey) Law 2016;
(d) if
they have been absent from meetings of the Tribunal, and unavailable to perform
their functions in relation to the Tribunal when it was constituted in
accordance with Regulation 9, for a continuous period of more than 6 months,
without the consent –
(i) of the Minister,
in the case of the chair;
(ii) of
the chair, in the case of any other member;
(e) if they
fail or refuse to take oath of office under Regulation 4;
(f) on
being removed from office by the Royal Court on either of the following grounds
proved to the satisfaction of that Court –
(i) that they have neglected
their duties in relation to the Tribunal, or
(ii) misconduct.[18]
(4) A member of the
Tribunal must not be removed from office for any other reason.[19]
(5) [20]
7 Remuneration
and expenses of members[21]
The members of the Tribunal are entitled to –
(a) remuneration
as determined by the Minister by Order; and
(b) reimbursement
of reasonable expenses as determined by the Minister.
8 Hearings
before single Tribunal
member
(1) In proceedings before
the Tribunal relating to an individual employment dispute the Tribunal must be
constituted of 1 member, being the chair or a deputy chair.[22]
(2) However, if the chair
thinks it is desirable to do so, they may direct that in proceedings relating
to a particular individual employment dispute the Tribunal must be constituted
in accordance with Regulation 9.[23]
9 Hearings
before 3 Tribunal members
(1) This
Regulation applies –
(a) to proceedings
before the Tribunal in respect of which the chair has given a direction
under Regulation 8(2);
(b) to proceedings before
the Tribunal to which Regulation 8 does not apply;
(c) to proceedings before
the Tribunal which concern both an individual employment dispute and an act of
discrimination prohibited under the Discrimination Law;
(d) to proceedings before
the Tribunal which relate to a complaint referred to it under the Discrimination Law.[24]
(2) In proceedings before
the Tribunal, the Tribunal must be constituted of the chair, or a deputy chair,
as the presiding member together with –
(a) in
proceedings described in paragraph (1)(a) or (b) –
(i) 1 member
described in Regulation 2(1)(c); and
(ii) 1 member
described in Regulation 2(1)(d);
(b) in
proceedings described in paragraph (1)(c), 2 of the following –
(i) a member
described in Regulation 2(1)(c);
(ii) a
member described in Regulation 2(1)(d);
(iii) a
member described in Regulation 2(1)(e);
(c) in
proceedings described in paragraph (1)(d), 2 members described in Regulation 2(1)(e).[25]
(3) The
chair must choose which members constitute the Tribunal under paragraph (2) and ensure
in so far as is reasonably practicable –
(a) that the members described in Regulation 2(1)(b) are chosen having regard to the specialist legal
expertise that may be required for the case, but are otherwise chosen in
rotation; and
(b) that the members described in Regulation 2(1)(c), (d) and (e) are also chosen in rotation.[26]
(4) In
any proceedings to which this Regulation applies, the decision of the Tribunal must be according
to the opinion of the majority of its members.[27]
(5) Where
the Tribunal has commenced hearing a matter and one of its members (other than
the chair) –
(a) becomes absent; or
(b) with the permission of
the chair or a deputy chair as the presiding member, withdraws
because they are unable to continue to hear the matter,
provided the chair or a deputy chair as the
presiding member, the complainant and the respondent agree, the chair must choose a
substitute member from within the category of members listed in
Regulation 2 from which the absent or withdrawn member was originally
chosen.[28]
(6) Where
there is no agreement under paragraph (5) or another member becomes absent
or withdraws, the chair must constitute a fresh Tribunal in accordance with
paragraph (2).[29]
(7) For
the purposes of paragraph (5), a member is taken to be unable to continue to hear the matter
by reason of absence where that member’s absence will cause undue delay
to the determination of the matter.
10 Powers
of deputy chair if chair unable to act[30]
If the chair is for any reason unable to exercise any power under
Regulation 8(2), 9(3), (5), or (8), 11(1) or 12(3), the Judicial Greffier must appoint a deputy chair to exercise that power.
11 Annual
report
(1) The chair must prepare
an annual report on the activities of the Tribunal and submit it to the
Minister within 4 months after the end of each financial year.[31]
(2) The Minister must lay a
copy of the annual report before the States at the first reasonable
opportunity.[32]
12 [33]
13 Citation
These Regulations may be cited as the Employment and Discrimination
Tribunal (Jersey) Regulations 2014.