Employment
and Discrimination (Jersey) Amendment Law 202-
Adopted
by the States 3 February 2026
Sanctioned
by Order of His Majesty in Council [date to be inserted]
Registered by the Royal Court [date to be inserted]
Coming into force [date to be inserted]
THE STATES, subject to the sanction of His Most
Excellent Majesty in Council, have adopted the following Law –
1 Employment (Jersey) Law 2003 amended
Articles 2 to 10
amend the Employment
(Jersey) Law 2003.
2 Article 1 (interpretation)
amended
(1) In
Article 1(1) –
(a) after the definition
“company” there is inserted –
(b) for the definition “minimum wage” there is substituted –
“minimum wage” means the rate
of pay specified by the Minister by Order under Article 17A(1)(a);
(c) for the definition “pay reference period” there is substituted –
“pay reference period” is
construed in accordance with Article 17A(1)(b);
(2) After
Article 1(8) there is inserted –
(9) Wherever
this Law refers to a period of time in days, weeks, months or years, the period
expires at the end of the day that completes the number of days, weeks, months or
years specified.
Example: the act complained of takes
place on Thursday 1 January 2026. The complainant has 8 weeks to make a
claim to the Tribunal. The 8-week period begins at the start of Friday 2
January and ends at the end of Thursday 26 February 2026.
3 Article 3
(statement of initial terms of employment) amended
In Article 3(2)(g)(iv),
for “maternity leave” there is substituted “parental leave”.
4 Cross-headings amended
(1) For
the cross-heading immediately above Article 16 there is substituted –
Division 1 – Entitlement to and determination of Minimum wage
(2) The
cross-heading immediately before Article 17 is deleted.
(3) For
the cross-heading immediately before Article 18 there is substituted –
division 2 – Employment Forum
(4) For
the cross-heading immediately before Article 22 there is substituted –
(5) For
the cross-heading immediately before Article 26 there is substituted –
(6) For
the cross-heading immediately before Article 31 there is substituted –
division 5 – rights not to suffer detriment
(7) For
the cross-heading immediately before Article 35 there is substituted –
division 6 – miscellaneous
(8) The
cross-headings immediately before Articles 37 and 38 are deleted.
(9) Article
38 is renumbered as Article 42A and relocated immediately
before Article 43.
(10) For the cross-heading immediately before Article 39 there is
substituted –
(11) For
the cross-heading immediately before Article 43 there is substituted –
division 8 – application of part 4
5 Articles 16 to 17A (minimum wage) substituted
For Articles 16 to 17A there is substituted –
(1) If
a person qualifies for the minimum wage, their employer must remunerate them in
respect of their work in any pay reference period at a rate that is not less
than the minimum wage.
(2) A
person qualifies for the minimum wage if they –
(a) are
an employee;
(b) are
working, or ordinarily work, in Jersey or in the territorial waters of Jersey,
under a contract; and
(c) have
ceased to be of compulsory school age.
(3) The
States may by Regulations amend the classes of individual who qualify under paragraph (2)
for the minimum wage.
(4) Despite
Article 9(2) to (4) of the Legislation (Jersey) Law
2021, the Regulations under paragraph (3) must not make provision that
treats people differently in relation to –
(a) different
areas of Jersey;
(b) different
sectors of employment;
(c) undertakings
of different sizes;
(d) different
occupations; or
(e) a protected characteristic in Schedule 1 to the Discrimination (Jersey) Law 2013, except for age.
(1) The
States may by Regulations determine what counts towards the hourly rate at
which an individual is to be regarded, for the purposes of this Law, as
remunerated by their employer in respect of work in any pay reference period.
(2) The
Regulations may include provision for determining the hourly rate –
(a) if
the remuneration, to the extent that it is at a periodic rate, is at a single
rate;
(b) if
the remuneration is, in whole or in part, at different rates applicable at
different times or in different circumstances;
(c) if
the remuneration is, in whole or in part, otherwise than at a periodic rate or
rates;
(d) if
the remuneration consists, in whole or in part, of benefits in kind.
(3) The
Regulations may also make provision for –
(a) circumstances
in which, times at which, or the time for which, an individual is to be treated
as, or as not, working, and the extent to which they are so treated (for example
when travelling or training);
(b) the
treatment of periods of paid or unpaid absence from, or lack of, work and of
remuneration in respect of those periods; and
(c) circumstances
in which an individual is treated as a trainee.
(4) The
provision that may be made under paragraph (3)(a) includes provision for
or in connection with –
(a) treating
an individual as, or as not, working for a maximum or minimum time, or for a
proportion of the time, in any period; and
(b) determining
any matter to which that paragraph relates by reference to the terms of an
agreement.
(5) The
Regulations may make provision for –
(a) what
is to be treated as, or as not, forming part of an individual’s remuneration,
and the extent to which it is to be so treated;
(b) the
valuation of benefits in kind, except in relation to the maximum monetary
amount to be attributed under Article 17A;
(c) the
treatment of deductions from earnings; and
(d) the
treatment of any charges or expenses that an individual is required to bear.
(6) The
Regulations may make provision for –
(a) the
attribution to a period, or the apportionment between 2 or more periods, of the
whole or any part of any remuneration or work, whether or not the remuneration
is received or the work is done within the period or periods in question;
(b) the
aggregation of the whole or any part of the remuneration for different periods;
and
(c) the
time at which remuneration is to be treated as received or accruing.
(7) Despite
Article 9(2) to (4) of the Legislation (Jersey) Law 2021,
Regulations must not make provision that treats the same circumstances
differently in relation to –
(a) different
areas of Jersey;
(b) different
sectors of employment;
(c) undertakings
of different sizes;
(d) people
with different occupations; or
(e) a protected characteristic in Schedule 1 to the Discrimination (Jersey) Law 2013, except for age.
17A Orders
relating to minimum wage
(a) specify
the minimum wage as an hourly rate of remuneration;
(b) define
what is a pay reference period for the purposes of this Law and Regulations
made under Article 17.
(a) different areas of
Jersey;
(b) different sectors of
employment;
(c) undertakings of
different sizes;
(d) people with different
occupations; or
(e) a protected characteristic in Schedule 1 to the Discrimination
(Jersey) Law 2013, except for age.
(5) An
Order made before the substitution of this Article by the Employment and
Discrimination (Jersey) Amendment Law 202- in relation to the minimum wage is
treated as made under this Article.
6 Article 18
(Regulations and Orders: referral to the Employment Forum) amended
(1) This
Article amends Article 18.
(2) For
paragraph (1) there is substituted –
(1) Before
the States make Regulations under Article 16(3) or 17 or the Minister
makes an Order under Article 17A(1) or (3), the
Minister must refer the matters specified in paragraph (2) to the
Employment Forum for their consideration.
(3) In
paragraph (2) –
(a) in sub-paragraph (a), for
“Article 16(3)” there is substituted “Article 17A(1)(a)”;
(b) in sub-paragraph (b), for
“Article 16(4)” there is substituted “Article 17A(1)(b)”;
(c) in sub-paragraph (ba), for “Article 17A” there
is substituted “Article 17A(3)”;
(d) after sub-paragraph (ba) there is inserted –
(bb) what different rate should
be provided for trainees or by reason of a person’s age under Article 17A(1)(a);
(4) In
paragraph (4) –
(a) in sub-paragraph (c),
for “Article 16(3)” there is substituted “Article 17A(1)(a)”;
(b) in sub-paragraph (ca),
for “Article 17A” there is substituted “Article 17A(3)”;
(c) after sub-paragraph (ca)
there is inserted –
(cb) to make an Order under Article 17A(1)(a) prescribing a different rate for trainees or by
reason of a person’s age that is different from the rate recommended by the
Forum;
7 Article 82
(constitution, membership and administration of the Tribunal) amended
In Article 82(2)(a), for
“Chairman” there is substituted “chair”.
8 Article 100 (publicity)
amended
In Article 100(2)(a), for
“Article 16” there is substituted “Article 17A(1)(a)”.
9 Article 104
(Regulations and Orders) amended
In Article 104(5), for
“Orders under Article 16(3) or 17A” there is substituted
“Regulations under Article 16(3) or 17 or Orders under Article 17A(1)”.
10 Schedule 2 (the
employment forum) amended
In paragraph 1
(membership) of Schedule 2, in sub-paragraph (1) for “chairman” there is
substituted “chair”.
11 Discrimination (Jersey) Law 2013 amended
Article 12 amends
the Discrimination
(Jersey) Law 2013.
12 Article 1
(interpretation) amended
After Article 1(4)
there is inserted –
(5) Wherever
this Law refers to a period of time in days, weeks, months or years, the period
expires at the end of the day that completes the number of days, weeks, months
or years specified.
Example: the act complained of takes
place on Thursday 1 January 2026. The complainant has 8 weeks to make a
claim to the Tribunal. The 8-week period begins at the start of Friday 2
January and ends at the end of Thursday 26 February 2026.
13 Citation and commencement
This Law may be cited as
the Employment and Discrimination (Jersey) Amendment Law 202- and comes into
force 7 days after it is registered.