{"kind":"expression","expression":{"expr_id":"2093","doc_id":"2093","label":"Personnel (Amendment) Regulations, 2025 (SL 71 of 2025)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/amending\/2025\/0071s\", \"expression\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01\", \"manifestation\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01.pdf\"}, \"pdf\": {\"md5\": \"a720005a8b52013d52214fc85e5e11ff\", \"path\": \"\/Users\/q\/kyleg-data\/working\/AMENDING\/2025\/2025-0071S\/2025-0071S.pdf\", \"pages\": 14, \"filename\": \"2025-0071S.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3141, \"paragraph_count\": 23, \"text_char_count\": 21068}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Public Service Management Act (2018 Revision) PERSONNEL (AMENDMENT) REGULATIONS, 2025 (SL 71 of 2025) SL 71 of 2025 PUBLISHING DETAILS Personnel (Amendment) Regulations, 2025 Arrangement of Regulations SL 71 of 2025 Public Service Management Act (2018 Revision) PERSONNEL (AMENDMENT) REGULATIONS, (SL 71 of 2025) Arrangement of Regulations Regulation 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of regulation 10 of the Personnel Regulations (2025 Revision) - dismissing 3.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repeal and substitution of regulation 29 - reappointment of staff at the end of a fixed-term 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Repeal and substitution of regulation 39 - dismissing staff for gross misconduct not\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Repeal and substitution of regulation 40 - suspending and dismissing staff for gross\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repeal and substitution of regulation 41 - suspending and dismissing staff for gross\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Repeal of regulation 42 - dismissing staff for serious misconduct or significant inadequate 12. 13. 14.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Personnel (Amendment) Regulations, 2025 Regulation 1 SL 71 of 2025 Public Service Management Act (2018 Revision) PERSONNEL (AMENDMENT) REGULATIONS, (SL 71 of 2025) In exercise of the powers conferred by section 67 of the Public Service Management Act (2018 Revision), the Cabinet makes the following Regulations \u2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation and commencement 1. (1) These Regulations may be cited as the Personnel (Amendment) Regulations, 2025. (2) These Regulations come into force on 1st March, 2026. 2. Amendment of regulation 10 of the Personnel Regulations (2025 Revision) - dismissing Official Members for gross misconduct 2. The Personnel Regulations (2025 Revision), in these Regulations referred to as the \u201cprincipal Regulations\u201d, are amended in regulation 10(4) by deleting the words \u201cregulations 40 and 41\u201d and substituting the words \u201cthese Regulations\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of regulation 21 - dismissing chief officers for gross misconduct 3. The principal Regulations are amended in regulation 21(4) by deleting the words \u201cregulations 40 and 41\u201d and substituting the words \u201cthese Regulations\u201d. Regulation 4 Personnel (Amendment) Regulations, 2025 SL 71 of 2025 4. Repeal and substitution of regulation 29 - reappointment of staff at the end of a fixed-term employment agreement 4. The principal Regulations are amended by repealing regulation 29 and substituting the following regulation \u2014 \u201cFixed-term employment agreements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"(1) Where an employment agreement is for a fixed term, the employment agreement shall terminate automatically and without notice upon the expiration of its fixed term. (2) A termination under paragraph (1) shall not be considered to be dismissal, unfair dismissal or termination by the employer. (3) Where an appointing officer has decided not to reappoint a staff member at the end of a fixed-term employment agreement, whether or not such decision has been communicated to the staff member, the employment agreement shall terminate automatically and paragraph (4) shall not apply. (4) If an appointing officer is minded to reappoint a staff member at the end of a fixed-term employment agreement, then before proceeding to reappoint under section 41(10) and (15) of the Act, the appointing officer shall \u2014 (a) undertake an open and fair employment process to determine whether there are any suitably qualified Caymanian candidates, unless exempted in writing by the Head of the Civil Service; (b) where two or more persons rank broadly at the same level in terms of qualifications, skills, knowledge and experience, give preference to Caymanians; and (c) have regard to any other factors the appointing officer thinks relevant, including the performance of the staff member to date and all applicable policies. (5) Where the requirements of paragraph (4) have been complied with, the appointing officer may \u2014 (a) offer the staff member a new fixed-term employment agreement on such terms and conditions as may be determined by the appointing officer acting in accordance with the requirements of this Part and all applicable policies; (b) where an offer made under subparagraph (a) is not accepted, declare the position vacant; or (c) decide not to offer the staff member a new fixed-term employment agreement and declare the position vacant.\u201d. Personnel (Amendment) Regulations, 2025 Regulation 5 SL 71 of 2025\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Repeal and substitution of regulation 33 - transfer of staff in the public interest 5. The principal Regulations are amended by repealing regulation 33 and substituting the following regulation \u2014 \u201cTransfer of staff\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"(1) Where the appointing officer has made a decision to transfer a staff member in accordance with section 41(14) of the Act, the staff member shall comply with that decision, and refusal by the staff member to comply with the decision to be transferred shall constitute misconduct and may result in dismissal in accordance with regulation 39. (2) A transfer under section 41(14A) of the Act shall be made only where the staff member being transferred is not the subject of an active disciplinary process pursuant to section 44 of the Act.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Repeal and substitution of regulation 35 - probationary appointments 6. The principal Regulations are amended by repealing regulation 35 and substituting the following regulation \u2014 \u201cProbationary arrangements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"(1) An employment agreement may provide that a prospective staff member or a staff member accepting a new position, shall be employed on probationary terms for an initial period not exceeding 6 months in duration. (2) At any point during or upon reaching the end of the initial probationary period, the appointing officer and the staff member may, by further written agreement, extend that period for additional terms, provided the total probationary period does not exceed twelve months. (3) During the staff member\u2019s probationary period, the staff member shall receive reasonable training, as needed to perform the duties of the position. (4) At any time during the probationary period either party may terminate the employment relationship by giving the other party ten working days\u2019 written notice. (5) Where notice is given pursuant to paragraph (4), the appointing officer may, in the appointing officer\u2019s absolute discretion, discharge the staff member from the staff member\u2019s duties at any time during the notice period, provided the staff member receives remuneration and benefits equivalent to those to which the staff member would Regulation 7 Personnel (Amendment) Regulations, 2025 SL 71 of 2025 have been entitled if the staff member had worked throughout the notice period. (6) Where the employment of a staff member is confirmed following a probationary period, all benefits under Schedule 1 to these Regulations shall be deemed to have accrued from the date of commencement of the staff member\u2019s employment.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repeal and substitution of regulation 38 - disciplining staff 7. The principal Regulations are amended by repealing regulation 38 and substituting the following regulation \u2014 \u201cDiscipline or dismissal of staff\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Subject to regulations 39 to 41, an appointing officer may discipline or dismiss a staff member.\u201d. 8. Repeal and substitution of regulation 39 - dismissing staff for gross misconduct not involving criminal activity 8. The principal Regulations are amended by repealing regulation 39 and substituting the following regulation \u2014 \u201cMisconduct\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"(1) Before determining whether to discipline or dismiss a staff member for misconduct, the appointing officer shall \u2014 (a) be in possession of evidence of the alleged breaches, actions or omissions of the staff member that are the subject of concern; (b) advise the staff member of the concerns in writing, provide any evidence relating to the concerns and take reasonable steps to bring the written communication to the attention of the staff member; (c) provide a reasonable time period within which the staff member may respond orally or in writing to the expressed concerns; and (d) reassess the matter, on receipt of the staff member\u2019s response or on the expiry of the date specified for a response, whichever is earlier. (2) If, after the process specified in paragraph (1) has been completed, the appointing officer determines that there are no grounds to continue with a disciplinary process, the appointing officer shall close the matter, and so advise the staff member in writing. (3) If, after the process specified in paragraph (1) has been completed, the appointing officer determines that the misconduct is gross, the appointing officer shall dismiss the staff member in accordance with regulation 41. Personnel (Amendment) Regulations, 2025 Regulation 8 SL 71 of 2025 (4) If, after the process specified in paragraph (1) has been completed, the appointing officer determines that the misconduct is serious, the appointing officer shall issue a written warning describing the misconduct in respect of which the written warning is given, any steps the staff member is required to take, and the action the employer intends to take in the event of any further misconduct. (5) Where a staff member who has been given a written warning under paragraph (4), commits misconduct of any kind within twelve months following the receipt of the written warning, the appointing officer may dismiss the staff member in accordance with regulation 41, or take such other action as may have been specified in the written warning, without any further notice. (6) For the purposes of these Regulations, serious or gross misconduct includes circumstances where the staff member \u2014 (a) has committed a significant breach of the Public Servant\u2019s Code of Conduct; (b) has, in the reasonable belief of the appointing officer, been involved in alleged criminal activity either in the course of employment or otherwise; (c) in the course of employment \u2014 (i) is in possession of, consumes or distributes, any controlled drug or scheduled substance; or (ii) is under the influence of any controlled drug or scheduled substance, and, for the purposes of this subparagraph \u2014 \u201cconsume\u201d includes eat, drink, smoke, sniff, inhale, absorb, suck, chew, inject, use and destroy; \u201ccontrolled drug\u201d means a drug listed in Schedule 1 to the Misuse of Drugs Act (2017 Revision); and \u201cscheduled substance\u201d means a substance specified in Schedule 3 to the Misuse of Drugs Act (2017 Revision); (d) is under the influence of alcohol or a drug which has a deleterious effect on the staff member\u2019s ability to carry out the staff member\u2019s duties; (e) is absent from work without approval from that staff member\u2019s appointing officer; (f) has refused to submit to a medical examination required pursuant to these Regulations; or Regulation 9 Personnel (Amendment) Regulations, 2025 SL 71 of 2025 (g) has conducted himself or herself in such a manner as clearly to demonstrate that the employment relationship cannot reasonably be expected to continue.\u201d. 9. Repeal and substitution of regulation 40 - suspending and dismissing staff for gross misconduct involving criminal activity in the workplace 9. The principal Regulations are amended by repealing regulation 40 and substituting the following regulation \u2014 \u201cDiscipline for inadequate performance\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"(1) Where an appointing officer considers that a staff member is not performing the staff member\u2019s duties in a satisfactory manner (compared to the staff member\u2019s performance agreement), the following procedures apply \u2014 (a) prior to the issuance of any written warning, the appointing officer shall provide a statement to the staff member setting out the performance concerns and allow the staff member a reasonable period of time to respond to the concerns orally or in writing; (b) if, after the process specified in subparagraph (a) has been completed, the appointing officer determines that there are no grounds to continue with a disciplinary process, the appointing officer shall close the matter, and so advise the staff member in writing; (c) if, after the process specified in subparagraph (a) has been completed, the appointing officer determines that the performance of the staff member is unsatisfactory, the appointing officer may give the staff member a written warning specifying \u2014 (i) the particulars of the unsatisfactory performance; (ii) the action the staff member is expected to take to improve the staff member\u2019s performance; and (iii) the action that may be taken if the performance does not improve within a stated period of time not less than one month from the date of the written warning. (2) Where a staff member, having received a written warning under paragraph (1)(c), does not during the period specified in the written warning commence performing the staff member\u2019s duties in compliance with the performance agreement, the appointing officer may \u2014 (a) issue a further warning to the staff member; Personnel (Amendment) Regulations, 2025 Regulation 10 SL 71 of 2025 (b) take such other action as is specified in the prior written warning; or (c) dismiss the staff member in accordance with regulation 41(2) where the inadequate performance is significant. (3) For the purposes of these Regulations, significant inadequate performance includes \u2014 (a) inadequate performance continuing over an unreasonable period of time; or (b) an act of inadequate performance that is so serious that a repetition cannot reasonably be tolerated.\u201d. 10. Repeal and substitution of regulation 41 - suspending and dismissing staff for gross misconduct involving criminal activity outside the workplace 10. The principal Regulations are amended by repealing regulation 41 and substituting the following regulation \u2014 \u201cDismissal\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"(1) Pursuant to regulation 39, an appointing officer may forthwith terminate the employment of a staff member where the staff member has committed an act of gross misconduct or a further act of misconduct, of any nature, within twelve months of receipt of a prior written warning for serious misconduct. (2) Pursuant to regulation 40, an appointing officer may forthwith terminate the employment of a staff member where the staff member has continued to demonstrate significant inadequate performance following receipt of one or more written warnings. (3) An appointing officer may forthwith terminate the employment of a staff member for some other substantial reason of any kind which would entitle a reasonable employer to dismiss a staff member holding the position which the employee held, including where the staff member could not continue to work in the position that the staff member held without contravention (on the part of either the staff member or the employer) of a requirement of this or any other law.\u201d. 11. Repeal of regulation 42 - dismissing staff for serious misconduct or significant inadequate performance 11. The principal Regulations are amended by repealing regulation 42.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of regulation 51 - grievance procedures 12. The principal Regulations are amended in regulation 51(1) by deleting the chapeau and substituting the following chapeau \u2014 Regulation 13 Personnel (Amendment) Regulations, 2025 SL 71 of 2025 \u201cThe Head of the Civil Service shall establish and publish procedures for addressing grievances across the Civil Service, and those procedures shall be based on the following \u2014\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of Schedule 1 - standard terms and conditions of employment 13. The principal Regulations are amended in Schedule 1 as follows \u2014 (a) in paragraph 1(1) by inserting after the words \u201cthis Schedule\u201d the words \u201c, as applicable\u201d; (b) in paragraph 2 \u2014 (i) by deleting the heading \u201cAttendance\u201d and substituting the heading \u201cHours of Work and Attendance\u201d; and (ii) by repealing subparagraph (5) and substituting the following subparagraph \u2014 \u201c(5) A staff member who is absent from work without approval from that staff member\u2019s appointing officer shall not receive remuneration for the period of the unauthorized absence; and the period of unauthorized absence shall be deemed misconduct and may constitute serious or gross misconduct subject to discipline or dismissal pursuant to regulation 39.\u201d; (c) in paragraph 5(1) \u2014 (i) in subparagraph (e) by inserting after the words \u201cposition worked;\u201d the word \u201cand\u201d; (ii) in subparagraph (f) by deleting the words \u201cthe course; and\u201d and substituting the words \u201cthe course.\u201d; and (iii) by repealing paragraph (g); (d) in paragraph 8 \u2014 (i) by deleting the heading \u201cDiscretionary leave\u201d and substituting the heading \u201cDiscretionary Leave and Required Leave\u201d; and (ii) by repealing subparagraph (2) and substituting the following subparagraph \u2014 \u201c(2) The appointing officer may require an employee to go on Required Leave for a period not exceeding 30 days, where the appointing officer considers it to be in the public interest for the employee to do so, or to facilitate an internal investigation, and that leave shall be leave on full pay; but, where the appointing officer determines that an employee should be required to go on Required Leave for a period exceeding 30 days, the additional days may only be granted with the approval of the Head of the Civil Service.\u201d; Personnel (Amendment) Regulations, 2025 Regulation 14 SL 71 of 2025 (e) in paragraph 13 \u2014 (i) by repealing subparagraph (1)(c) and substituting the following subsubparagraph \u2014 \u201c(c) submit to \u2014 (i) a medical examination by a medical practitioner selected or approved by the Chief Medical Officer following the request of that employee\u2019s appointing officer for the purpose of establishing that employee\u2019s fitness for duty or to test for excessive blood alcohol or use of illicit drugs; and (ii) random alcohol or drug testing at the request of that employee\u2019s appointing officer.\u201d; and (ii) by repealing subparagraph (2) and substituting the following subparagraph \u2014 \u201c(2) Failure to comply with these conditions of employment shall be treated as misconduct and shall give rise to disciplinary action or dismissal pursuant to these Regulations.\u201d; (f) by repealing paragraph 17; and (g) by repealing paragraph 20(3)(a) and (b) and substituting the following subsubparagraphs \u2014 \u201c(a) dismissal for gross misconduct under section 44(4) of the Act and these Regulations; (b) serious misconduct or significant inadequate performance under section 44(4) of the Act and these Regulations;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of Schedule 3 - performance-related remuneration 14. The principal Regulations are amended in paragraph (f) of Schedule 3 by deleting the words \u201cand regulation 42\u201d and substituting the words \u201cand these Regulations\u201d. Regulation 15 Personnel (Amendment) Regulations, 2025 SL 71 of 2025 15. Transitional provision 15. Every disciplinary matter, process and proceeding commenced under a provision repealed or amended by the Personnel (Amendment) Regulations, 2025 and pending or in progress immediately before those Regulations came into force may be continued, completed and enforced as if the Personnel (Amendment) Regulations, 2025 had not come into force. Made in Cabinet the 17th day of December, 2025. Kim Bullings Clerk of the Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2025_01_01\", \"date\": \"2025-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2025_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2025_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2025\/0071s\", \"FRBRdate\": [{\"date\": \"2025-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2025-0071S\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"0071S of 2025\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"amending\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01\", \"FRBRdate\": [{\"date\": \"2025-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2025\/0071s\/eng@2025-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Personnel (Amendment) Regulations, 2025 (SL 71 of 2025)\", \"actNumber\": \"0071S of 2025\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nPublic Service Management Act\n(2018 Revision)\nPERSONNEL (AMENDMENT)\nREGULATIONS, 2025\n(SL 71 of 2025)\nSupplement No. 1 published with Legislation Gazette No. 2 dated 15th January, 2026.\n\u2000\n\nPage 2\nSL 71 of 2025\nc\n\nPUBLISHING DETAILS\n\nPersonnel (Amendment) Regulations, 2025\nArrangement of Regulations\n\nc\nSL 71 of 2025\nPage 3\n\nCAYMAN ISLANDS\n\nPublic Service Management Act\n(2018 Revision)\nPERSONNEL (AMENDMENT) REGULATIONS,\n2025\n(SL 71 of 2025)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation and commencement .....................................................................................................5\n2.\nAmendment of regulation 10 of the Personnel Regulations (2025 Revision) - dismissing\nOfficial Members for gross misconduct ......................................................................................5\n3.\nAmendment of regulation 21 - dismissing chief officers for gross misconduct ............................5\n4.\nRepeal and substitution of regulation 29 - reappointment of staff at the end of a fixed-term\nemployment agreement .............................................................................................................6\n5.\nRepeal and substitution of regulation 33 - transfer of staff in the public interest .........................7\n6.\nRepeal and substitution of regulation 35 - probationary appointments .......................................7\n7.\nRepeal and substitution of regulation 38 - disciplining staff ........................................................8\n8.\nRepeal and substitution of regulation 39 - dismissing staff for gross misconduct not\ninvolving criminal activity ............................................................................................................8\n9.\nRepeal and substitution of regulation 40 - suspending and dismissing staff for gross\nmisconduct involving criminal activity in the workplace............................................................. 10\n10.\nRepeal and substitution of regulation 41 - suspending and dismissing staff for gross\nmisconduct involving criminal activity outside the workplace .................................................... 11\n11.\nRepeal of regulation 42 - dismissing staff for serious misconduct or significant inadequate\nperformance ............................................................................................................................ 11\n12.\nAmendment of regulation 51 - grievance procedures ............................................................... 11\n13.\nAmendment of Schedule 1 - standard terms and conditions of employment............................. 12\n14.\nAmendment of Schedule 3 - performance-related remuneration .............................................. 13\n15.\nTransitional provision ............................................................................................................... 14\n\nPersonnel (Amendment) Regulations, 2025\nRegulation 1\n\nc\nSL 71 of 2025\nPage 5\n\nCAYMAN ISLANDS\n\nPublic Service Management Act\n(2018 Revision)\nPERSONNEL (AMENDMENT) REGULATIONS,\n2025\n(SL 71 of 2025)\nIn exercise of the powers conferred by section 67 of the Public Service Management Act\n(2018 Revision), the Cabinet makes the following Regulations \u2014\n1.\nCitation and commencement\n1.\n(1) These Regulations may be cited as the Personnel (Amendment) Regulations,\n2025.\n(2) These Regulations come into force on 1st March, 2026.\n2.\nAmendment of regulation 10 of the Personnel Regulations (2025 Revision) -\ndismissing Official Members for gross misconduct\n2.\nThe Personnel Regulations (2025 Revision), in these Regulations referred to as the\n\u201cprincipal Regulations\u201d, are amended in regulation 10(4) by deleting the words\n\u201cregulations 40 and 41\u201d and substituting the words \u201cthese Regulations\u201d.\n3.\nAmendment of regulation 21 - dismissing chief officers for gross misconduct\n3.\nThe principal Regulations are amended in regulation 21(4) by deleting the words\n\u201cregulations 40 and 41\u201d and substituting the words \u201cthese Regulations\u201d.\n\nRegulation 4\nPersonnel (Amendment) Regulations, 2025\n\nPage 6\nSL 71 of 2025\nc\n\n4.\nRepeal and substitution of regulation 29 - reappointment of staff at the end\nof a fixed-term employment agreement\n4.\nThe principal Regulations are amended by repealing regulation 29 and substituting\nthe following regulation \u2014\n\u201cFixed-term employment agreements\n29. (1) Where an employment agreement is for a fixed term, the employment\nagreement shall terminate automatically and without notice upon the\nexpiration of its fixed term.\n(2) A termination under paragraph (1) shall not be considered to be\ndismissal, unfair dismissal or termination by the employer.\n(3) Where an appointing officer has decided not to reappoint a staff\nmember at the end of a fixed-term employment agreement, whether\nor not such decision has been communicated to the staff member, the\nemployment agreement shall terminate automatically and paragraph\n(4) shall not apply.\n(4) If an appointing officer is minded to reappoint a staff member at the\nend of a fixed-term employment agreement, then before proceeding\nto reappoint under section 41(10) and (15) of the Act, the appointing\nofficer shall \u2014\n(a)\nundertake an open and fair employment process to determine\nwhether there are any suitably qualified Caymanian candidates,\nunless exempted in writing by the Head of the Civil Service;\n(b) where two or more persons rank broadly at the same level in\nterms of qualifications, skills, knowledge and experience, give\npreference to Caymanians; and\n(c)\nhave regard to any other factors the appointing officer thinks\nrelevant, including the performance of the staff member to date\nand all applicable policies.\n(5) Where the requirements of paragraph (4) have been complied with,\nthe appointing officer may \u2014\n(a)\noffer the staff member a new fixed-term employment\nagreement on such terms and conditions as may be determined\nby the appointing officer acting in accordance with the\nrequirements of this Part and all applicable policies;\n(b) where an offer made under subparagraph (a) is not accepted,\ndeclare the position vacant; or\n(c)\ndecide not to offer the staff member a new fixed-term\nemployment agreement and declare the position vacant.\u201d.\n\nPersonnel (Amendment) Regulations, 2025\nRegulation 5\n\nc\nSL 71 of 2025\nPage 7\n\n5.\nRepeal and substitution of regulation 33 - transfer of staff in the public\ninterest\n5.\nThe principal Regulations are amended by repealing regulation 33 and substituting\nthe following regulation \u2014\n\u201cTransfer of staff\n33. (1) Where the appointing officer has made a decision to transfer a staff\nmember in accordance with section 41(14) of the Act, the staff\nmember shall comply with that decision, and refusal by the staff\nmember to comply with the decision to be transferred shall constitute\nmisconduct and may result in dismissal in accordance with regulation\n39.\n(2) A transfer under section 41(14A) of the Act shall be made only where\nthe staff member being transferred is not the subject of an active\ndisciplinary process pursuant to section 44 of the Act.\u201d.\n6.\nRepeal and substitution of regulation 35 - probationary appointments\n6.\nThe principal Regulations are amended by repealing regulation 35 and substituting\nthe following regulation \u2014\n\u201cProbationary arrangements\n35. (1) An employment agreement may provide that a prospective staff\nmember or a staff member accepting a new position, shall be\nemployed on probationary terms for an initial period not exceeding 6\nmonths in duration.\n(2) At any point during or upon reaching the end of the initial\nprobationary period, the appointing officer and the staff member\nmay, by further written agreement, extend that period for additional\nterms, provided the total probationary period does not exceed twelve\nmonths.\n(3) During the staff member\u2019s probationary period, the staff member\nshall receive reasonable training, as needed to perform the duties of\nthe position.\n(4) At any time during the probationary period either party may\nterminate the employment relationship by giving the other party ten\nworking days\u2019 written notice.\n(5) Where notice is given pursuant to paragraph (4), the appointing\nofficer may, in the appointing officer\u2019s absolute discretion, discharge\nthe staff member from the staff member\u2019s duties at any time during\nthe notice period, provided the staff member receives remuneration\nand benefits equivalent to those to which the staff member would\n\nRegulation 7\nPersonnel (Amendment) Regulations, 2025\n\nPage 8\nSL 71 of 2025\nc\n\nhave been entitled if the staff member had worked throughout the\nnotice period.\n(6) Where the employment of a staff member is confirmed following a\nprobationary period, all benefits under Schedule 1 to these\nRegulations shall be deemed to have accrued from the date of\ncommencement of the staff member\u2019s employment.\u201d.\n7.\nRepeal and substitution of regulation 38 - disciplining staff\n7.\nThe principal Regulations are amended by repealing regulation 38 and substituting\nthe following regulation \u2014\n\u201cDiscipline or dismissal of staff\n38. Subject to regulations 39 to 41, an appointing officer may discipline or\ndismiss a staff member.\u201d.\n8.\nRepeal and substitution of regulation 39 - dismissing staff for gross\nmisconduct not involving criminal activity\n8.\nThe principal Regulations are amended by repealing regulation 39 and substituting\nthe following regulation \u2014\n\u201cMisconduct\n39. (1) Before determining whether to discipline or dismiss a staff member\nfor misconduct, the appointing officer shall \u2014\n(a)\nbe in possession of evidence of the alleged breaches, actions or\nomissions of the staff member that are the subject of concern;\n(b) advise the staff member of the concerns in writing, provide any\nevidence relating to the concerns and take reasonable steps to\nbring the written communication to the attention of the staff\nmember;\n(c)\nprovide a reasonable time period within which the staff member\nmay respond orally or in writing to the expressed concerns; and\n(d) reassess the matter, on receipt of the staff member\u2019s response\nor on the expiry of the date specified for a response, whichever\nis earlier.\n(2) If, after the process specified in paragraph (1) has been completed,\nthe appointing officer determines that there are no grounds to\ncontinue with a disciplinary process, the appointing officer shall\nclose the matter, and so advise the staff member in writing.\n(3) If, after the process specified in paragraph (1) has been completed,\nthe appointing officer determines that the misconduct is gross, the\nappointing officer shall dismiss the staff member in accordance with\nregulation 41.\n\nPersonnel (Amendment) Regulations, 2025\nRegulation 8\n\nc\nSL 71 of 2025\nPage 9\n\n(4) If, after the process specified in paragraph (1) has been completed,\nthe appointing officer determines that the misconduct is serious, the\nappointing officer shall issue a written warning describing the\nmisconduct in respect of which the written warning is given, any\nsteps the staff member is required to take, and the action the employer\nintends to take in the event of any further misconduct.\n(5) Where a staff member who has been given a written warning under\nparagraph (4), commits misconduct of any kind within twelve\nmonths following the receipt of the written warning, the appointing\nofficer may dismiss the staff member in accordance with regulation\n41, or take such other action as may have been specified in the written\nwarning, without any further notice.\n(6) For the purposes of these Regulations, serious or gross misconduct\nincludes circumstances where the staff member \u2014\n(a)\nhas committed a significant breach of the Public Servant\u2019s Code\nof Conduct;\n(b) has, in the reasonable belief of the appointing officer, been\ninvolved in alleged criminal activity either in the course of\nemployment or otherwise;\n(c)\nin the course of employment \u2014\n(i)\nis in possession of, consumes or distributes, any controlled\ndrug or scheduled substance; or\n(ii) is under the influence of any controlled drug or scheduled\nsubstance,\nand, for the purposes of this subparagraph \u2014\n\u201cconsume\u201d includes eat, drink, smoke, sniff, inhale, absorb,\nsuck, chew, inject, use and destroy;\n\u201ccontrolled drug\u201d means a drug listed in Schedule 1 to the\nMisuse of Drugs Act (2017 Revision); and\n\u201cscheduled substance\u201d means a substance specified in\nSchedule 3 to the Misuse of Drugs Act (2017 Revision);\n(d) is under the influence of alcohol or a drug which has a\ndeleterious effect on the staff member\u2019s ability to carry out the\nstaff member\u2019s duties;\n(e)\nis absent from work without approval from that staff member\u2019s\nappointing officer;\n(f)\nhas refused to submit to a medical examination required\npursuant to these Regulations; or\n\nRegulation 9\nPersonnel (Amendment) Regulations, 2025\n\nPage 10\nSL 71 of 2025\nc\n\n(g) has conducted himself or herself in such a manner as clearly to\ndemonstrate\nthat the employment relationship cannot\nreasonably be expected to continue.\u201d.\n9.\nRepeal and substitution of regulation 40 - suspending and dismissing staff\nfor gross misconduct involving criminal activity in the workplace\n9.\nThe principal Regulations are amended by repealing regulation 40 and substituting\nthe following regulation \u2014\n\n\u201cDiscipline for inadequate performance\n40. (1) Where an appointing officer considers that a staff member is not\nperforming the staff member\u2019s duties in a satisfactory manner\n(compared to the staff member\u2019s performance agreement), the\nfollowing procedures apply \u2014\n(a)\nprior to the issuance of any written warning, the appointing\nofficer shall provide a statement to the staff member setting out\nthe performance concerns and allow the staff member a\nreasonable period of time to respond to the concerns orally or\nin writing;\n(b) if, after the process specified in subparagraph (a) has been\ncompleted, the appointing officer determines that there are no\ngrounds to continue with a disciplinary process, the appointing\nofficer shall close the matter, and so advise the staff member in\nwriting;\n(c)\nif, after the process specified in subparagraph (a) has been\ncompleted, the appointing officer determines that the\nperformance of the staff member is unsatisfactory, the\nappointing officer may give the staff member a written warning\nspecifying \u2014\n(i)\nthe particulars of the unsatisfactory performance;\n(ii) the action the staff member is expected to take to improve\nthe staff member\u2019s performance; and\n(iii) the action that may be taken if the performance does not\nimprove within a stated period of time not less than one\nmonth from the date of the written warning.\n(2) Where a staff member, having received a written warning under\nparagraph (1)(c), does not during the period specified in the written\nwarning commence performing the staff member\u2019s duties in\ncompliance with the performance agreement, the appointing officer\nmay \u2014\n(a)\nissue a further warning to the staff member;\n\nPersonnel (Amendment) Regulations, 2025\nRegulation 10\n\nc\nSL 71 of 2025\nPage 11\n\n(b) take such other action as is specified in the prior written\nwarning; or\n(c)\ndismiss the staff member in accordance with regulation 41(2)\nwhere the inadequate performance is significant.\n(3) For the purposes of these Regulations, significant inadequate performance\nincludes \u2014\n(a)\ninadequate performance continuing over an unreasonable\nperiod of time; or\n(b) an act of inadequate performance that is so serious that a\nrepetition cannot reasonably be tolerated.\u201d.\n10.\nRepeal and substitution of regulation 41 - suspending and dismissing staff\nfor gross misconduct involving criminal activity outside the workplace\n10. The principal Regulations are amended by repealing regulation 41 and substituting\nthe following regulation \u2014\n\u201cDismissal\n41. (1) Pursuant to regulation 39, an appointing officer may forthwith\nterminate the employment of a staff member where the staff member\nhas committed an act of gross misconduct or a further act of\nmisconduct, of any nature, within twelve months of receipt of a prior\nwritten warning for serious misconduct.\n(2) Pursuant to regulation 40, an appointing officer may forthwith\nterminate the employment of a staff member where the staff member\nhas continued to demonstrate significant inadequate performance\nfollowing receipt of one or more written warnings.\n(3) An appointing officer may forthwith terminate the employment of a\nstaff member for some other substantial reason of any kind which\nwould entitle a reasonable employer to dismiss a staff member\nholding the position which the employee held, including where the\nstaff member could not continue to work in the position that the staff\nmember held without contravention (on the part of either the staff\nmember or the employer) of a requirement of this or any other law.\u201d.\n11.\nRepeal of regulation 42 - dismissing staff for serious misconduct or\nsignificant inadequate performance\n11. The principal Regulations are amended by repealing regulation 42.\n12.\nAmendment of regulation 51 - grievance procedures\n12. The principal Regulations are amended in regulation 51(1) by deleting the chapeau\nand substituting the following chapeau \u2014\n\nRegulation 13\nPersonnel (Amendment) Regulations, 2025\n\nPage 12\nSL 71 of 2025\nc\n\n\u201cThe Head of the Civil Service shall establish and publish procedures for\naddressing grievances across the Civil Service, and those procedures shall\nbe based on the following \u2014\u201d.\n13.\nAmendment of Schedule 1 - standard terms and conditions of employment\n13. The principal Regulations are amended in Schedule 1 as follows \u2014\n(a)\nin paragraph 1(1) by inserting after the words \u201cthis Schedule\u201d the words \u201c,\nas applicable\u201d;\n(b) in paragraph 2 \u2014\n(i)\nby deleting the heading \u201cAttendance\u201d and substituting the heading\n\u201cHours of Work and Attendance\u201d; and\n(ii) by repealing subparagraph (5) and substituting the following\nsubparagraph \u2014\n\u201c(5) A staff member who is absent from work without approval from\nthat staff member\u2019s appointing officer shall not receive\nremuneration for the period of the unauthorized absence; and\nthe period of unauthorized absence shall be deemed misconduct\nand may constitute serious or gross misconduct subject to\ndiscipline or dismissal pursuant to regulation 39.\u201d;\n(c)\nin paragraph 5(1) \u2014\n(i)\nin subparagraph (e) by inserting after the words \u201cposition worked;\u201d\nthe word \u201cand\u201d;\n(ii) in subparagraph (f) by deleting the words \u201cthe course; and\u201d and\nsubstituting the words \u201cthe course.\u201d; and\n(iii) by repealing paragraph (g);\n(d) in paragraph 8 \u2014\n(i)\nby deleting the heading \u201cDiscretionary leave\u201d and substituting the\nheading \u201cDiscretionary Leave and Required Leave\u201d; and\n(ii) by repealing subparagraph (2) and substituting the following\nsubparagraph \u2014\n\u201c(2) The appointing officer may require an employee to go on\nRequired Leave for a period not exceeding 30 days, where\nthe appointing officer considers it to be in the public\ninterest for the employee to do so, or to facilitate an\ninternal investigation, and that leave shall be leave on full\npay; but, where the appointing officer determines that an\nemployee should be required to go on Required Leave for\na period exceeding 30 days, the additional days may only\nbe granted with the approval of the Head of the Civil\nService.\u201d;\n\nPersonnel (Amendment) Regulations, 2025\nRegulation 14\n\nc\nSL 71 of 2025\nPage 13\n\n(e)\nin paragraph 13 \u2014\n(i)\nby repealing subparagraph (1)(c) and substituting the following\nsubsubparagraph \u2014\n\u201c(c) submit to \u2014\n(i)\na medical examination by a medical practitioner\nselected or approved by the Chief Medical Officer\nfollowing the request of that employee\u2019s appointing\nofficer for the purpose of establishing that\nemployee\u2019s fitness for duty or to test for excessive\nblood alcohol or use of illicit drugs; and\n(ii) random alcohol or drug testing at the request of that\nemployee\u2019s appointing officer.\u201d; and\n(ii) by repealing subparagraph (2) and substituting the following\nsubparagraph \u2014\n\u201c(2) Failure to comply with these conditions of employment\nshall be treated as misconduct and shall give rise to\ndisciplinary action or dismissal pursuant to these\nRegulations.\u201d;\n(f)\nby repealing paragraph 17; and\n(g) by repealing paragraph 20(3)(a) and (b) and substituting the\nfollowing subsubparagraphs \u2014\n\u201c(a) dismissal for gross misconduct under section 44(4) of the Act\nand these Regulations;\n(b) serious misconduct or significant inadequate performance under\nsection 44(4) of the Act and these Regulations;\u201d.\n14.\nAmendment of Schedule 3 - performance-related remuneration\n14. The principal Regulations are amended in paragraph (f) of Schedule 3 by deleting the\nwords \u201cand regulation 42\u201d and substituting the words \u201cand these Regulations\u201d.\n\nRegulation 15\nPersonnel (Amendment) Regulations, 2025\n\nPage 14\nSL 71 of 2025\nc\n\n15.\nTransitional provision\n15. Every disciplinary matter, process and proceeding commenced under a provision\nrepealed or amended by the Personnel (Amendment) Regulations, 2025 and pending\nor in progress immediately before those Regulations came into force may be\ncontinued, completed and enforced as if the Personnel (Amendment) Regulations,\n2025 had not come into force.\nMade in Cabinet the 17th day of December, 2025.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:43:53.830754+00","cms_id":"2025-0071S","law_type":"amending","year":"2025","number":"0071S","title":"Personnel (Amendment) Regulations, 2025 (SL 71 of 2025)","status":"in_force"},"provenance":{"files":[{"file_id":"6871","expr_id":"2093","kind":"akn_xml","filename":"2025-0071S.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2025\/2025-0071S\/2025-0071S.akn.xml","content_md5":"c5de92fd6348a472f3f6bcb4d96a2380","byte_size":"24449","http_last_modified":null,"fetched_at":"2026-06-22 15:43:53.904353+00"},{"file_id":"4185","expr_id":"2093","kind":"pristine_pdf","filename":"2025-0071S.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2025\/2025-0071S\/2025-0071S.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2025\/2025-0071S\/2025-0071S.pdf","content_md5":"a720005a8b52013d52214fc85e5e11ff","byte_size":"311792","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.725295+00"},{"file_id":"4186","expr_id":"2093","kind":"working_pdf","filename":"2025-0071S.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2025\/2025-0071S\/2025-0071S.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2025\/2025-0071S\/2025-0071S.pdf","content_md5":"a720005a8b52013d52214fc85e5e11ff","byte_size":"311792","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.725295+00"}],"paragraph_count":14,"latest_history":null},"quality":{"expr_id":"2093","doc_id":"2093","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 2, \"medium\": 1}","finding_summary":"repeated line furniture detected: cayman islands x3; public service management act x3; 2018 revision x3; duplicate-line ratio is 10.67%","assessed_at":"2026-06-22 15:29:46.580573+00","updated_at":"2026-06-22 15:29:46.580573+00"}}