News, Events & Tribunals

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.

Employent tribunal mediation discrimination laws employment law

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. 

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.

disability long covid sickness absence

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

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.

unfair dismissal tribunal failure to provide payslips

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

unfair dismissal holiday pay unpaid wages

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.

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. 

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.

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.

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.

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.

unfair dismissal covid

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.

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.

unfair dismissal

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

unfair dismissal wrongful dismissal

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

Refer a friend and you both save money.

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

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

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.

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...

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

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.

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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.

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?”

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.

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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...

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