9 June 2020 – Jersey
Employment (Jersey) LAW 2003, specifically Part 3A concerning flexible working:
- Article 15A: Allows employees to apply for changes in terms and conditions of employment.
- Article 15B: Requires employers to hold a meeting within 28 days of the application and provide a decision within 6 weeks.
Key facts
On 17 December 2019, the Claimant requested to reduce her working hours to one night shift per week, starting 6 January 2020. She sent an email to her employer requesting this amendment.
However, due to the busy Christmas season, no meeting was organised with the employee within the required 28 days.
Tribunal’s decision
- Compliance with Article 15A: The Claimant’s email was deemed to meet the requirements of Article 15A (even though it did not specifically state it was such an application under the law).
- Breach of Article 15B: The Respondent failed to hold a meeting within the required timeframe, thus breaching Article 15B.
The Tribunal decided in favour of the Claimant, recognising the Respondent’s failure to adhere to the flexible working rules. This decision highlights the need for employers to be aware of the Flexible Working Framework that operates in Jersey and identify applications under that framework even if employees don’t explicitly set them out as such.
The Tribunal can award an amount of up to four weeks’ pay for breaches of this kind. However, in this case, given that the employee started her new job only eight days after the deadline for the employer to have met to discuss the flexible working application, the Tribunal concluded that the Claimant was always going to start the new position –irrespective of any flexible working meeting, had one been held.
Additionally, the Claimant was still working as a zero-hour employee for the Respondent, which was, in part, what she was originally seeking in any event as part of her original application.
Compensation of £339.60, equivalent to one week’s gross salary, was awarded to the Claimant.
LAW thoughts
As an employer, do you know what constitutes a flexible working application? Would you recognise one if you saw one? Do you always have to say yes? In what circumstances could you potentially say no?
Lots of questions! However, the answers can be simple to implement within your organisation.
Need some help?
Our straightforward advice makes it easy for you to understand your obligations and take the right action.
