5 March 2024
In 2010 the first employment legislation, the Employment Rights Ordinance, was established in St Helena. This ordinance provided employees with many similar minimum employment rights and protections as the UK.
Whilst the law established significant new provisions, there are some employment law elements familiar in other jurisdictions which are not currently included in local legislation. This includes minimum working time regulations to cover the following rights and protections:
- Rest periods (during any daily or weekly periods) whereby an employee is entitled to minimum rest periods.
- The maximum number of working hours in a week (averaged over a 17 week period).
- The maximum number of working hours to be worked by night workers in any 24 hour period.
- The right of an employee to unpaid leave to attend to or care for a dependant in certain circumstances.
- The circumstances under which an employer shall permit an employee to take time off during the employee’s working hours for the purpose of performing the duties of any public office.
- Right to redundancy pay.
- Application of Transfer of Undertakings in Employment (TUPE).
In addition to these, the minimum period of paid annual leave to which an employee is entitled is currently five days.
With the legislation having been in effect for over 10 years, a review is underway to consider revisions relating to working time regulations and paid leave. At this stage no firm policy or legislative revisions are being put forward, but views are being sought to inform the development of policy in these areas.
To discuss the potential introduction of such changes, small and medium businesses are invited to an open meeting. This meeting will be held at the Museum, Jamestown from 19:00 to 21:00 on Monday 11 March 2024.
Good, comprehensive employment legislation clearly sets out the rights and responsibilities of employers and employees, and encourages the settling of disputes in the workplace rather than going to court. We therefore encourage all businesses to engage in this process.
It is also for this reason that the Labour Regulating Authority has prepared leaflets explaining how the law as it currently is applies to you. These can be found at www.sainthelena.gov.sh/public-services/labour-regulating-authority/.
These guidance leaflets cover:
- Contracts of employment
- Disciplinary procedures
- Grievance procedures
- Capability procedures
Further information about the types of changes that are being considered can be found on the SHG website at https://www.sainthelena.gov.sh/wp-content/uploads/2024/03/Employment-Law-Establishing-Working-Time-Regulations-and-other-Employment-Law-Provisions-on-St-Helena.pdf.
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