Jersey employees at Condor Ferries have been told they can join DFDS and continue working in the ferry industry, or take a redundancy payout from their current company.
A letter seen by Channel 103, seemingly sent on behalf of Condor Ferries management, addresses all 23 islanders employed by the operator and asks if they would like their contracts transferred to DFDS, when the Danish firm takes over as operator from 27 March, or to accept redundancy.
The operator lost the bid to run ferry services in the island for the next 20 years, leaving all staff vulnerable.
The letter, signed by Elwyn Dop, reveals Condor employees are now being given the option to keep their jobs, but potentially under different terms and conditions.
It reads: 'It would be a new contract with DFDS and may be on different terms, but they (staff) will have continuity (of employment)’
The other option is to take a redundancy payout from Condor, which is said to be a statutory redundancy payment.
Christophe Mathieu, Condor Ferries
Moving forward, the letter reads that current employees will be invited to attend consultations about their next steps., and that no decision has or will be been taken yet about a transfer of undertakings to DFDS until after those consultations and further discussions with DFDS.
In the UK it is likely that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) would apply to the loss of the Jersey contract.
That would mean that all employees working on the contract would transfer to DFDS on their current terms and conditions.
However, TUPE does not apply in Jersey and there is no equivalent law.
But, if employees are employed by DFDS following a transfer of a part of the Condor undertaking to DFDS, they will have continuity of employment.
It would be a new contract with DFDS, and may be on different terms, but they will have continuity. Our view is that there will be a transfer of our Jersey undertaking to DFDS in which case if you are employed by DFDS you will take with you your continuity of employment.
If we pay a redundancy payment, that will break continuity. You will need to consider, therefore, assuming you join DFDS, whether you prefer a redundancy payment or continuity of employment.
- A segment of Condor's letter to its employees
Chris Parker, DFDS Jersey Route Director
This letter follows a commitment from DFDS Route Director Chris Parker to take on former Condor employees.
He previously told Channel 103: "There's a lot of interest in potential roles with DFDS in the island, we think we'll have around 20-30 roles available.
"We're certainly hoping that a lot of those roles will be filled by existing Condor employees and we've had discussions with Condor about making sure there is a continuity there."