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
In this Law, unless the context
otherwise requires –
“Board” means 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;
dispute” 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;
“financial year” 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;
“function” includes power, authority
employment dispute” means an employment dispute that is not a collective
“JACS” means the Jersey Advisory and
Conciliation Service established by Article 2;
“member” means member of the Board;
“Minister” means the
Minister for Social Security.
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
(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 person.
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 –
(a) to promote the improvement of employment relations;
(b) to assist in the resolution of individual and collective
employment disputes; and
(c) to 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
exercising its functions under this Article JACS shall have regard to the
desirability of encouraging the parties to a dispute –
(a) to use any
appropriate agreed procedures for negotiation or the settlement of disputes;
(b) to 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
Tribunal established by Article 8 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
(a) those procedures
have been used and have failed to result in a settlement; or
(b) there 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 –
(a) if more than one
arbitrator or arbiter is appointed, JACS shall appoint one of them to act as
(b) the award may be
published if JACS so decides and all the parties consent.
Arbitration (Jersey) Law 1998 shall not apply to an arbitration under
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
(a) it appears to JACS that publication is
desirable for the improvement of employment relations, either generally or in
relation to the specific question inquired into; and
(b) after 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 –
(a) make different
provision in relation to different cases or circumstances; and
(b) contain such
transitional, consequential, incidental or supplementary provisions as appear
to the Minister to be necessary or expedient for the purposes of the Order.
Subordinate Legislation (Jersey)
Law 1960 shall apply to Orders made under this Law.
This Law may be cited as the Jersey
Advisory and Conciliation (Jersey) Law 2003.
Administration of Jersey Advisory and Conciliation Service and its Board
(a) be a body
corporate, of which the corporators are the members
of its Board, with perpetual succession and a common seal; and
(b) be directed by a Board
constituted in accordance with paragraphs 3 to 5.
(a) sue and be sued in
its corporate name;
(b) enter into
contracts and acquire, hold and dispose of any property; and
(c) so 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.
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.
3 The 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 employment matters.
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
4 Terms 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 –
(a) has been absent
from meetings of the Board for a period longer than 6 consecutive months
without the permission of the Board;
(b) has neglected the
duties of a member;
(c) has become bankrupt
or made an arrangement with the member’s creditors;
(d) reaches the age of
(e) becomes a member of the
incapacitated by physical or mental illness; or
(g) is 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.
5 Expenses 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.
6 Staff of JACS
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 –
(a) the Chairman of the
(b) another member;
(c) an employee of
(d) a committee whose
member or members are drawn only from the members of the Board and employees of
in this paragraph shall authorize the Board to delegate –
(a) the power of
delegation conferred by this paragraph; or
(b) the function of
reviewing any of its decisions.
delegation of any functions under this paragraph –
(a) shall not prevent
the performance of those functions by the Board or JACS itself; and
(b) may be amended or
revoked by the Board.
9 Public Finances
(Administration) (Jersey) Law 1967
For the purposes of Article 8
of the Public Finances (Administration)
(Jersey) Law 1967, none of the monies received by JACS shall be received on behalf of
the States and JACS shall not be an establishment under the supervision or
administration of the States.
10 Annual report and accounts
(1) JACS shall –
(a) keep proper
accounts and proper records in relation to the accounts; and
(b) prepare accounts in
respect of each financial year and 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 –
(a) be audited by
auditors appointed in respect of each financial year by the Minister; and
(b) be 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.
11 Fees and Charges
JACS may charge, retain and apply
in the performance of its functions –
(a) fees 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.
(1) JACS 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 –
(a) guarantee the
liabilities of JACS; and
(b) lend money to JACS.
Minister for Treasury and Resources may act under paragraph (2) only on
the recommendation of the Minister.
13 Guidelines on investment
JACS shall, in investing any of its
funds, comply with any guidelines specified by the Minister.
14 Exemption from Income Tax
The income of JACS shall not be
liable to income tax under the Income Tax (Jersey)
15 Limitation of liability
(1) A 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;
(b) the 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
(c) JACS, 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.