Woolworths and Statutory Obligations

http://www.statesassembly.gov.je/documents/statements/41235-8801-2012009.htm

The Viscount has advised of the steps he has already taken and anticipates taking to identify and best protect any legal rights of the employees, given that there remains property in the Island belonging to Woolworths plc., the sale or assignment of which will need the sanction of the Royal Court. The Minister for Social Security is satisfied that every effort is being made to protect the legal rights of the former Woolworths plc. employees....Whilst Jersey does not currently have legislation in respect of redundancy pay, legislation does make provision for minimum periods of notice that an employer is required to give an employee on termination of their employment. These notice periods are longer than those required in the UK. In addition to being briefed by the Viscount, the Minister for Social Security has written to the joint Administrators to express his disappointment and that of the Chief Minister in respect of the failure to meet their statutory obligations under Jersey Employment Law - in particular regarding the failure to make payments in lieu of notice. The Minister has further requested a meeting with the Joint Administrators to discuss these and related matters.

If I fail to meet my statutory obligations under the law, and neglect to return my income tax form, or pay my Parish rates, or renew my driving license, or ensure I have insurance to drive, or breach the Data Protection Law at work, then the Law would be down on me like a ton of bricks, with summons, fines and probably in some cases threatened imprisonment. For instance, if I fail to make an income tax return, or make a fraudulent one, the following applies:

Legal proceedings may be taken if you fail to submit a Return at all. The penalty for this is a fine up to £5,000. The penalty for negligently making an incorrect Income Tax Return is a fine of up to £5,000 PLUS twice the tax which would have been undercharged by reason of the negligence. If you fraudulently make an incorrect Tax Return you could face imprisonment up to a maximum of 15 years and a fine.

If you are Deloites, the administrator, however, with the Employment Law, apparently, what you get is a letter expressing "disappointment" at your failure to comply with the statutory obligations. The Viscount may be acting on this matter, but there is evidently no letter warning you about this, no summons to the court, no statutory fine which should be imposed on the administrators as soon as possible, and no threat of imprisonment. Why have a statutory obligation if it evidently is not statutory to some accountant firms!

In the words of Lewis Armstrong, "what a wonderful world"!