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From 1st July 2005 the Employment (Jersey) Law 2003 will come into force, employees will have a right to appeal against unfair dismissal and employers will be expected to have policies and procedures for recruitment, probation, appraisal, discipline and grievances and termination of employment. Employers will be expected to follow fair procedures and treat their employees in an open, fair and consistent manner.
The new law will bring in rights relation to statutory rest days, annual leave, minimum wages and unfair dismissal. Significantly the new law extends some rights to temporary or contract staff, particularly regarding unfair dismissal. Firms that employ or intend to employ temporary or contract staff need to be absolutely clear upon what basis they are employing them. The end of a fixed term contract does not necessarily mean it is fair dismissal.
Most employees will notice little change in their working practices although they will have the assurance that their jobs maybe a little more secure. Employers however will need to ensure that they have the right polices and procedures in place. However employers using temporary staff will need to be particularly careful or they could lose the ability to use flexible staffing.
Lynda Sims, Managing Director of 1st Recruitment Limited explains “As a company we have welcomed this law, which will give a little more equity and fairness within the work place. There has, however, been a lot of concern raised by companies who use temps in relation to their status following the introduction of this law. Firms who use temps do not want to have the legal responsibilities that will apply to their permanent staff but the new law could very well mean that this could happen if the wrong sort of agency contract of employment or agency terms of business are used.” she continued “I am aware that some employers are seriously worried about the risk of having a temp in place after the 1st July and with this uncertainty, they are seriously thinking about terminating temps contracts so that they divest themselves of any legal responsibility.”
For the last twelve months Lynda has been aware of the concerns that both clients and temps have and the uncertainty in the law that surrounds the status and responsibility for temps working on assignments. She also fully understands the concerns of clients and has been working closely with them and her legal advisers to find a solution that suits all parties. Following extensive research by Lynda 1st Recruitment have found a way of meeting the needs of the Client whilst ensuring that temps have the protection and benefits of the new law.
“We are aware that many recruitment agencies are worried about the risk and not happy to take the responsibility as an employer for temps under the new law, consequently neither client or temp will have peace of mind or protection should things go wrong during the placement. 1st Recruitment have come to us to work within the spirit of the law to ensure that temps have the same rights as permanent staff, whilst taking the legal responsibility from the Client. Working with Lynda we have found a legal solution so 1st Recruitment can offer a win win situation for all temps and Clients under their management” Said Sinels. She continued “1st Recruitment are taking full responsibility to indemnify the Client against any temp dispute and offer Clients and temps a complete management service, taking ownership and manage of their temporary workforce fairly within the new law”
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