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Over the past 12 years I have built a highly skilled and knowledgeable team with years of industry experience at all levels, from the back office to the board room.


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News and Events

In Jersey we have been gripped by the torrid death throes of a government, following the successful Vote of No Confidence (VONC) in the Island’s Chief Minister. 

Tribunal Write-ups

TRIBUNAL ROUND UP This is a much longer piece than we normally produce for a Tribunal review. That is because that it is a case that is symptomatic of a growing trend for Claimants to make claims under as many heads of claim as they can think off. Inevitably Claimants identify that their claim warrants the maximum award defined in the legislation for each limb of the Claim. What was the case about? The Claimant resigned because his employer notified him that they were to implement an investigation process that could involve suspension and disciplinary action, had investigated and not upheld several grievances and the employer was insisting that the Claimant provide copies of sick notes covering several weeks of absence due to what was claimed to be ill health. What were the Claims? The Claim was for constructive unfair dismissal - alleging six "breaches of contract" that were so "fundamental and significant" (the definition required by Jersey law) as to justify him resigning. 1. A manager agitated for his dismissal for failing to keep his GPS phone on. 2. A manager threatened him with dismissal because GPS records showed he was a bad driver. 3. A witness would testify that he heard managers discussing how to get rid of the Claimant. 4. Managers had not disciplined other drivers who had harmed wildlife, and they had no right to insist on discussing the seagull incident with him. 5. Requests from medical certificates were unnecessary and burdensome as there was no company sick pay scheme so these only had to be given to Social Security and it was unfair to discipline him regarding sick notes and additionally they were doing so because of a diagnosis of stress. 6. There was a breakdown in trust because managers lied to him about the contractual right to use his personal vehicle and claim a mileage allowance and associated insurance issues. There was a claim for disability discrimination related to mental health on three counts, (the Claimant stated that he suffered from personality disorders and that he was in receipt of Long Term Sick benefit related to that disorder and he was therefore disabled),(1) direct discrimination because the employer "engineered" a customer complaint about him harming seagulls to create an excuse to justify his dismissal, (2) a claim for harassment because managers wanted to talk to him about the seagull incident and (3) that by requiring him to discuss the incident and then invoking disciplinary proceedings the employer had failed to make reasonable adjustments. There was a claim for no payslips, it being alleged that payslips were provided infrequently and only when directly requested. There was a claim for breaches of the legal right to have rest breaks, alleging that he was frequently not given the 20 minute break required by law each day and that he was not afforded a 24 hour break in every 7 days. What was the employer's position? The employer contended that – 1. They at no time related disciplinary action to the seagull maiming complaint. The two potential conduct issues related to the Claimant's abusive, offensive and insubordinate behaviour towards mangers and to his refusal to provide sick certificates for an extended period of absence. Similarly, there was no invocation of disciplinary action related to stress related absence, as the absence was related to hip pain. 2. The turning the phone off incident did not result in any form of disciplinary action. 3. The "bad driver" data is an absolute requirement of the of the employer's insurance policy and is always shared with drivers when required to do so by the insurer protocols. 4. The "get rid" conversation never happened. 5. The seagull incident was never discussed as a disciplinary matter - only as sharing a customer complaint. 6. There was an explicit handbook requirement to provide sick certificates, and this was a reasonable request particularly as one of the explicit reasons for the request was to enable consideration of reasonable adjustments that could be made in the disciplinary process. 7. There was no contractual right for drivers to use their own vehicles and claim mileage. What does the law say? The law requires a claim for constructive unfair dismissal to establish that there were "fundamental breaches of contract by the employer that were resigned in response to and that breaches were not waived or affirmed, the breaches must be so fundamental and significant as to go to the heart of the contract OR show that the employer no longer intended to be bound by one or more essential contractual terms". The conduct of the employer must be looked at "objectively in all the circumstances and from the perspective of a reasonable person". For direct discrimination claims a comparator, without the disability must be identified who was treated differently. A harassment claim must show that the incident(s) "violate the dignity ...create an intimidating, hostile, degrading, offensive environment". There is a statutory obligation for an employer to be given a written, itemised payslip “at or before the time at which the payment is made". As to rest breaks, there must be an uninterrupted 20-minute break in any continuous period of 6 working hours and a weekly rest break of 24 hours every 7 days (OR 2 x 24 hours in any 14-day period). An employer will breach the law if they prevent or refuse such breaks.

Latest HR Job

Are you ready to embark on a rewarding career journey? The trust industry is thriving, and we're on the lookout for passionate individuals who are ready to seize exciting opportunities for personal and professional growth. Our clients have a global presence, opening doors to a diverse and stimulating environment where you can expand your horizons and connect with experts from around the world.

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