Legislative and Regulatory Developments

Increase of minimum employee annual leave to three weeks effective 1 January 2022

On 3 November 2021, the States Assembly adopted the Employment (Amendment of Law) (No.3) (Jersey) Regulations 2021 (the Regulations), which reflect changes employers must provide around rest periods and annual leave for employees. Employers may wish to consider reviewing their employment contracts, policies and staff handbooks in preparation for the Regulations coming into force on 1 January 2022.

Amendments to Electronic Communications (Jersey) Law 200: On 8 October 2021, the States of Jersey adopted the Electronic Communications (Amendment No.2)(Jersey) Law 202-.
The exact date that this law comes into force is not yet known. When it is enacted it will make further refinements to the Electronic Communications (Jersey) Law 2000. In particular, this law when enacted will confirm that:

• A person can apply the electronic signature of another
• Permits remote witnessing of signatures,

These amendments already reflect what happens in practice but will when enacted provide a firm footing in law. It is refreshing to see that remote witnessing of signatures will now be a permanent feature.

Ban on Single Use Plastics with effect from 22 July 2022: On 19 November 2021, the Single-Use Plastics etc. (Restrictions) (Jersey) Law 2021 was registered by the Royal Court. It will come into force on 22 July 2022. From that date, traders must not:

• Supply any lightweight or very lightweight plastic bags paper carrier bags (the law in schedule detailing technical specifications of the bags that are to be banned); or
• Supply certain carrier bags made of recycled paper or plastic for less than £0.70 (inclusive of GST)

A failure to comply with these requirements without reasonable excuse can result in a trader being liable to a fine of not less than £1,000.

The law does reserve the right for the Minister to suspend or disapply the prohibition of single use items in certain circumstances.

Government Plan 2022-2025

The draft Government Plan for 2022-2025 is due to be debated on 14 December 2021. If adopted, the following look set to be introduced:

• The way the minimum wage will be calculated for 2022 will be set at 45% of the mean average earnings from the start of 2022
• A new food safety law may be introduced which will introduce licensing of food operators
• Companies operating in the cannabis industry in Jersey would be subject to income tax at 20%