Employment Tribunal learnings – Fabio Jose Pimenta De Castro and Bento Sushi Ltd

"Plans for better compensation in successful discrimination claims" - This recent JEP headline doesn't tell the full story.

Even though some of the heat in the employment market is dissipating, there are still challenges in recruiting and retaining good staff in Jersey.

The recent news highlighting a continuing gender pay gap in Jersey is disappointing. Overall it remained static at 14% - that’s the same as in June 2022, and worst affected were the 60 – 64 year olds working in the financial and legal sectors.  Here the report discovered a 74% difference. The older you get, it seems, the bigger the difference in pay between men and women doing equal jobs.

We all know how hard it can be to recruit the ‘right’ staff on a small island like Jersey.  And once you’ve recruited them, keeping them can be an even greater challenge.  But have you thought about what kind of employee experience you’re offering new recruits?  If not then read on…….because we’ve done the hard work for you.

The coexistence of multiple generations in a business creates challenges around communication, values, characteristics and expectations which can impact retention, motivation and productivity.

Come on – admit it!  The words Artificial Intelligence can terrify even the most level-headed amongst us.  But whether you think it’s exciting or just downright scary, AI is here and it’s here to stay. 

In 2023 there were 232 tribunal claims made. Read our exploration of the outcomes, and discover what this mean for your business.

With increasingly more workplaces moving away from the traditional staff appraisal as a means of measuring employee performance and productivity, a question we are often asked is does an annual appraisal still work and, if not, what should it be replaced with.

Running a business during challenging economic times can feel like walking through treacle.

Managers are at the centre of critical relationships which drive performance, employee engagement and support wellbeing.

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.

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. 

What was the case about ? The employee, a bus driver, claimed unfair dismissal because he was dismissed for gross misconduct after committing what the Company believed to be a serious road traffic offence and despite previous warnings.

What was the case about ? The employer was seeking to have a claim for discrimination/victimisation to be struck out.

Get ready for an exclusive peek behind the scenes at the Employment and Discrimination Tribunal!

Gain the wisdom and tools needed to handle even the most challenging HR scenarios with confidence.

We're proud to announce a significant triumph at HR Now in a recent case before the Jersey Employment Tribunal. This success reflects our unwavering commitment to excellence, fairness, and expertise in the field of HR.

Join us for an eye-opening session on meticulous record keeping, where the devil truly is in the detail.

How you speak to people directly impacts both their productivity and the performance of your business. Find out more about this critical business management tool at our informal session. It's a chance to understand why effective conversations matter and how HR Now can make you a better manager, as part of our popular six part course to develop your HR skills.

Productivity is the hot topic. In this article we explore the relationship between productivity and quality in the workplace, questioning whether there is a trade-off between the two.

We have been talking about the ‘War for Talent’ for some time, but in recent months evidence shows the labour market is showing little sign of loosening. But employers are making life more difficult by not following the simple yet fundamental steps necessary to ensure they recruit the right people, and then retain them. With employers becoming increasingly desperate to fill roles, some of the essential pre-employment checks and steps are being diluted or, worse, ignored altogether. If the recruitment process is not robust, or expectations (on both sides) are not honestly communicated at the outset, a likely outcome is that there will be a parting of the waves before the probation period is completed. So, employers need to make sure their process is as watertight as possible, it’s clearly explained, and it’s followed. At HR Now we have developed a toolkit to help employers avoid many of the common mistakes and answer the leading questions around recruitment and retention. This first session, one of six, will get you back on track to winning the War on Talent.

We have been talking about the ‘War for Talent’ for some time, but in recent months evidence shows the labour market is showing little sign of loosening. Towards the end of 2022 there was speculation that a recession in the UK in 2023 might lead to more people looking for jobs, and for those in work to be less likely to want to move because of the economic uncertainty. With the UK economy performing better than expected, despite the tightening of monetary policy (making credit more expensive) and the spiralling cost of living, it looks like the battle lines have been even more clearly drawn and, in the War for Talent, it’s the talent that’s winning. Join us for an informal session at the Santander Work Cafe to find out how to turn the tide and start recruiting, and retaining, the best people for your business.

We have been talking about the ‘War for Talent’ for some time, but in recent months evidence shows the labour market is showing little sign of loosening.

Towards the end of 2022 there was speculation that a recession in the UK in 2023 might lead to more people looking for jobs, and for those in work to be less likely to want to move because of the economic uncertainty.

With the UK economy performing better than expected, despite the tightening of monetary policy (making credit more expensive) and the spiralling cost of living, it looks like the battle lines have been even more clearly drawn and, in the War for Talent, it’s the talent that’s winning.

We all know that we’re living in uncertain and challenging economic times. Supply chain pressures, input cost rises, staff shortages and rising pay demands, are putting pressure on every business. A slash and burn approach is totally counter-productive, to drive future growth you need a strategy that will see you through not just the short term challenges, but allow for future growth.

So what does this mean for HR managers and business leaders?

According to a 2023 Gartner survey*, the top three priorities needed to tackle the current challenges and meet the objectives of engaging and retaining talent are:

1. Leader and Manager Effectiveness
2. Organisational Design and Change Management
3. Employee Experience

In this third in a series of three articles HR Now’s Becky Hill will look at all three priorities and suggest how Jersey HR Managers and business leaders can tackle them. 

We all know that we’re living in uncertain and challenging economic times. Supply chain pressures, input cost rises, staff shortages and rising pay demands, are putting pressure on every business. A slash and burn approach is totally counter-productive, to drive future growth you need a strategy that will see you through not just the short term challenges, but allow for future growth.

So what does this mean for HR managers and business leaders?

According to a 2023 Gartner survey*, the top three priorities needed to tackle the current challenges are:

1. Leader and Manager Effectiveness
2. Organisational Design and Change Management
3. Employee Experience

In this second in a series of three articles HR Now’s Becky Hill will look at all three priorities and suggest how Jersey HR Managers and business leaders can tackle them.

We all know that we’re living in uncertain and challenging economic times. Supply chain pressures, input cost rises, staff shortages and rising pay demands, are putting pressure on every business. A slash and burn approach is totally counter-productive, to drive future growth you need a strategy that will see you through not just the short term challenges, but allow for future growth.

So what does this mean for HR managers and business leaders?

According to a 2023 Gartner survey*, the top three priorities needed to tackle the current challenges and meet the objectives of engaging and retaining talent are:

1. Leader and Manager Effectiveness
2. Organisational Design and Change Management
3. Employee Experience

In a series of three articles HR Now’s Becky Hill will look at all three priorities and suggest how Jersey HR Managers and business leaders can tackle them. 

As people professionals, we know there is a critical link between people management, business performance, and organisational culture.

BUT... Brilliant performers are often promoted into management roles without the management skills they need.
Accelerated digitalisation post pandemic has created greater demand for work life balance and while flexible and remote working are well established, they test effective communication, resulting in performance management challenges.

Equip your managers with the tools to get the best from their teams. Join us for a highly interactive training session.

As people professionals, we know there is a critical link between people management, business performance, and organisational culture. BUT... Brilliant performers are often promoted into management roles without the management skills they need. Accelerated digitalisation post pandemic has created greater demand for work life balance and while flexible and remote working are well established, they test effective communication, resulting in performance management challenges. Equip your managers with the tools to get the best from their teams. Join us for a highly interactive training session

Looking for a new job can be daunting, but at a time when many organisations are struggling to fill key roles, it can be an opportunity to further your career and find a better work-life balance.

What is mediation in the workplace?

Mediation involves using a neutral third-party, to help disputing parties come to an agreement. It is not going to a tribunal and asking someone to make a decision based on the evidence presented to them. It’s a valuable tool in the workplace for a host of reasons, not least the fact it can be quick, confidential, cost-effective, and perhaps most importantly for your team, it can prevent the dispute from fracturing relationships.

Inevitably disputes will arise in a workplace situation, whether that’s between employer and employee, or between employees. A disagreement can be incredibly damaging to a team and to productivity. A single grievance can often spread. So why seek mediation to solve your workplace dispute?

As a business leader/CEO, you need all your managers to be able to communicate effectively across the board, whatever their core strengths and experiences are and yet so many people are promoted into leadership roles without this critical skill set.  Your managers are at the centre of critical relationships that drive culture, performance, and engagement. Equip them with the tools to get the best from their teams.

As a business leader/CEO, you need all your managers to be able to communicate effectively across the board, whatever their core strengths and experiences are and yet so many people are promoted into leadership roles without this critical skill set. Your managers are at the centre of critical relationships that drive culture, performance, and engagement. Equip your managers with the tools to get the best from their teams.

2022 was a challenging year for businesses, and therefore human resources. The global pandemic was still having an impact, we entered an environment of war in Europe, and faced big financial pressures both commercially and personally. These resulted in a year of rising inflation, scarce and expensive talent, and global supply constraints. In order to build the best teams, HR leaders were having to balance talent investment with cost savings, and employee needs with the business requirements. This came at a time when organisational and technological change had also been rapid. It has created new issues, exacerbated old ones, and will require a new focus on the way forward for HR in 2023.

In part 1 of our look at harassment in the workplace, we covered how the issue has never had a bigger profile and that the standards, rules, policies, and attitudes that currently prevail, will have to be revised. So, what should employers be doing now? The following advice has been based on findings and recommendations of the Equality and Human Rights Commission, the International Journal of Discrimination & The Law, The Employment Lawyers Association and some very specific and robust legal cases and judgements.

Harassment at work. The world is moving on, is your business?

Harassment at work has never had a bigger profile than as we enter 2023. Most commentators agree that the standards, rules, policies, and attitudes that currently prevail will no longer be fit for purpose going forward. Organisations and businesses will need to give urgent and serious attention to revising, re-framing, and re-profiling what they have in place today to address sexual harassment in the workplace. If they don’t, not only will they be failing to protect their employees, but could be leaving their business open to prosecution.

Businesses of all sizes can struggle in dealing with issues arising from employment and discrimination legislation or employment contract quirks – but especially small businesses who often have no professional HR advice and support in place. The Jersey Employment & Discrimination Tribunal regularly finds against small businesses, not just for unfair dismissal cases, but for claims arising from simple contractual failings that are breaches of various elements of Jersey legislation. These cases often involve awards of many hundreds and sometimes thousands of pounds for issues such as failure to provide a statement of terms and conditions that satisfies the legal requirements, failure to provide appropriate payslips, and errors in calculating and paying holiday entitlements.

Your managers are at the centre of critical relationships that drive culture, performance, and engagement. Equip them with the tools to get the best from their teams. Join us for a highly interactive training session...

As a business leader/CEO, you need all your managers to be able to communicate effectively across the board, whatever their core strengths and experiences are and yet so many people are promoted into leadership roles without this critical skill set. 

Two recent UK Tribunal cases throw up some interesting challenges for UK companies in terms of dealing with disability, including Long Covid, and how they apply their Managing Attendance / Sickness Absence Policies. Although employment law developments in the UK are not binding in the Channel Islands, they often eventually have an impact here and so employers should be aware of the issues now, in order to prevent future problems.

Here are HR4HR’s Top 10 Tips for ensuring you give yourself the best chance to land the job of your dreams:

As a business leader/CEO, you need all your managers to be able to communicate effectively across the board, whatever their core strengths and experiences are and yet so many people are promoted into leadership roles without this critical skill set. 

There are many lessons to be learned from this tribunal. Claim: Constructive unfair dismissal, not receiving holiday pay, wrongful dismissal, failure to provide payslips, failure to pay minimum wage, unpaid wages and failure to provide contract of employment that complies with Article 3.

Claim: Constructive unfair dismissal; Unpaid wages; Not receiving holiday pay; and Not receiving bank holiday pay

All business owners hope that they will grow, increase profits, and make a success of their new venture. In order to do that, you’ll need to at some point start recruiting some help. Employing people can seem daunting, there’s the legal obligations, procedures, admin, and management of employees to consider. To succeed you need to ensure you are recruiting the right team members and getting the best out of them. That doesn’t mean working them hard, that means making them feel valued and part of your business, so they are motivated to do their best.

With the current challenges in recruitment, we have launched a dedicated HR Recruitment agency to support local businesses. HR4HR is the only agency in the Island specialising in this area, and uses the expertise of its sister company’s team to find and place the right candidates in critical HR roles.

In the first of a six-part series giving an overview of what's required to get your business ready to employ staff in Jersey, we look at the recruitment stage. 

We’ve all heard of greenwashing, and more recently, the phrase techwashing has come into business language to indicate those who put new labels on legacy solutions. Now, following the global pandemic, wellbeing-washing also sits in a triumvirate of challenging pitfalls facing businesses. As wellness climbs the strategic agenda, Nivek Dove, HR Consultant with HR Now, asks if employers are putting the balance sheet behind the talk?

Organisations must learn the skills to tackle issues before they escalate into full-blown conflicts. Combining formal processes and informal constructive conversations between parties to resolve conflict early could save a lot of time and money. It will also help prevent highly skilled employees from walking out the door.

The JCRA is a small organisation and because of their size, roles can vary when circumstances change and the skillset of the team is applied to a range of tasks. We recruit like-minded people who work and learn together to deliver high impact, quality outcomes for the people of Jersey.

The closing date for applications is 1 December 2022.

The menopause used to be a totally taboo subject, but thankfully with growing awareness it is now more openly discussed in society and the workplace. It’s easy to think that it’s not something anyone who isn’t a woman of a certain age should be concerned about, but around 25% of your female staff could be suffering from symptoms, which can impact their productivity, wellbeing, and ultimately your staff retention rate and bottom line. That is clearly an issue that all employers should be addressing.

A good payroll system should take the hassle out of managing your staff renumeration. That means a quick, easy, and confidential process that keeps your organisation compliant, gives you useful data for decision making, and allows you to focus on growing and running your business.

If you are a business owner, manager, or junior HR professional and want to know the essentials for building, growing, and managing your team effectively, this FREE event with Becky Hill, is for you.

As Jersey and the UK (especially England), introduce major relaxations of Covid regulations and guidance, many commentators are postulating that in these jurisdictions at least, the pandemic is becoming endemic. What might this mean for the growing and critical phenomenon of The Great Resignation?

The Great Resignation describes the unprecedented numbers of people leaving their jobs over the  last year and the dearth of recruits to replace them. Research, initially in the US but increasingly in the UK and Western Europe too, shows some startling trends. US companies are reporting their highest ever vacancy factors and longest ever drag between leavers being replaced by starters. Just recently, the BBC’s lead article was titled “Where have a million workers gone?”

by Tony Riley, Senior HR Consultant

In the biggest UK development on this theme the Government and NHS have recently published extensive and comprehensive guidance, policies, draft letters and FAQs on how employers and managers should treat unvaccinated staff this Spring.

A lot of companies were caught unawares in dealing with company holidays when Covid started. With the cessation of travel, and the flexibility of working from home, it meant a lot of leave time became accrued. Managing that for just one year was a headache enough, but with the pandemic continuing, it has become a big issue for some businesses. HR Consultant, Rachel Lucas, has some advice on how companies can deal with this ongoing situation.

It’s fair to say that 2021 has been a busy challenging one, whether you’re in HR or business generally. We have all continued to roll with the waves that hit us.

I’d like to share my experience of the past 12 months, and how I believe we can take things forward, and I do that from the perspective of having two hats. The first as an HR professional, and the second as a small business owner.

2022 sees some significant changes to how employers need to manage their staff payrolls and tax information in Jersey.  It’s essential that systems are updated and business owners are aware of what needs to be done. With the start of the new year, it’s also a good time for organisations to review how they are managing payroll and look at digital solutions in order to save time and provide convenience.

A recent Jersey Employment Tribunal case considered an employer’s defence argument that their failings in terms of statutory and good practice HR processes were compounded by and, as a result of, the unprecedented and stressful times caused by the pandemic.

We find ourselves heading into winter with further fears of another Covid wave, a rising cost of living, and yet, our employment statistics are a silver lining to the black clouds. The number of people in Jersey who are actively seeking work, is almost back down to pre-pandemic levels, and lower than in 2017 and beyond. This is despite the 9% contraction in our economy during 2020. 

The States of Jersey has approved regulations placed before the Assembly by the Minister for SocSec that will have a major impact for some employers and employees in Jersey.

A recent Jersey Employment Tribunal case considered an employer’s defence argument that their failings in terms of statutory and good practice HR processes were compounded by and, as a result of, the unprecedented and stressful times caused by the pandemic.

Businesses here in Jersey and in the UK face increasing challenges and opportunities in the management of Flexible Working Requests (FWR) as legislation develops and extends and case law defines how legislation is likely to be applied and interpreted. Two recent developments in the UK demonstrate what is happening – and what happens in the UK frequently informs the approach adopted by Jersey legislators and Tribunal chairs.

If you aren’t sure how the Jersey discrimination laws apply to your business and employees, then join Rachel Lucas for this practical and informative free webinar. Discrimination laws don’t just apply to what you do as an employer, but you are also liable for what your employees do in the workplace, whether you were aware of the act or not. Complaints can be made against both the individual who perpetrated the discrimination, managers who condoned it, and the employer.

This increases the importance of getting the right advice and support in managing your people and your policies  - if you need capacity and expertise maybe outsourcing can be the answer. Who should outsource disciplinary and grievance casework - and why?

Claim: Constructive Unfair Dismissal Damages in respect of holiday pay Ms Grebosz successfully argued that her employer constructively dismissed her after HR instructed her to resign and was awarded over £6,000 in compensation.

Ms Sumesar-Rai was dismissed for gross misconduct after administering a vaccine outside of her employer’s Protocols on Vaccination Management.

A leading local provider of outsourced HR services, HR Now, is joining forces with Jimmy Kelly, an experienced Performance Coach, to form a new business, Performance Now, offering services to improve individual and team effectiveness.

HR4HR Recruitment will focus exclusively on HR professionals because we know what it takes to be one - across all industries.

Joint offer from IPM and HR Now to provide local businesses support with Jersey Discrimination Law 2018.

Jersey and UK redundancies rise to record high amid second Covid-19 wave.

Refer a friend and you both save money.

Friendly reminder of PAYROLL changes that are required 1 October 2020.

Creating a back-to-work office strategy post Covid can be difficult. 

Having the right policies and procedures in place helps you manage staff effectively and supports consistent practices in the workplace...