Following public consultation in respect of the qualifying period for protection against unfair dismissal, the Employment Forum (the Forum) has recommended that the existing qualifying period should remain at 26 weeks. The Minister for Social Security has accepted the Forum’s recommendation and will not be proposing an amendment to the Employment (Jersey) Law 2003.

In reaching its conclusions, the Forum considered opinions from 25 respondents from various backgrounds. Some of those who responded were in favour of an increase to the qualifying period because, in their view, the current period deters employers from employing staff and creating new jobs as a result of perceived risks of complaints to the Jersey Employment Tribunal and the burden of such complaints on businesses. Others commented that as there were no qualifying periods imposed for other employment related rights (such as discrimination or breach of contract claims) there was no reason why the existing unfair dismissal qualifying period should be increased.

The Forum highlighted a number of positive and negative perspectives in respect of a proposed change to the qualifying period. However, overall, it concluded that the potentially detrimental impact of a longer qualifying period outweighed the potentially positive factors to such an extent that it did not feel able to recommend any increase to the qualifying period. In its view, there was no evidence that a longer qualifying period would have a positive impact on employment and job opportunities; the qualifying period is only one of a number of factors which would be taken into account by an employer when deciding whether to recruit.

Click for a copy of the recommendation presented to the States of Jersey. http://www.statesassembly.gov.je/AssemblyReports/2013/R.058-2013.pdf