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Proposals to introduce age discrimination in Guernsey key points for employers

The States of Guernsey is being asked to approve the introduction of legislation preventing age discrimination. These proposals will be voted upon in the April 2025 meeting....more

Facebook posts, discrimination and employment – the Guernsey and Jersey perspective

An employee simply holding an objectionable belief is not enough to justify disciplinary action but how it is manifested can be subject to limitations if it impacts the employer or others. While employers can take action...more

Protecting the 'eyes and ears of our society': Jersey's new whistleblowing regime

The importance of whistleblowers cannot be understated for ensuring the highest standards are maintained in financial services businesses. Outside the realm of financial services, the #MeToo movement has renewed the focus...more

Jersey employment law updates: recent changes and horizon scanning

Jersey’s employment laws are constantly moving forward, and it can be demanding for employers and HR professionals looking to keep up with best practice. We’ve put together a guide to the recent changes to Jersey...more

UK tribunal finds 'work related stress' amounts to disability – the implications for Guernsey and Jersey employers

In Phillips v Aneurin Bevan University Local Health Board, the Cardiff Employment Tribunal ("ET") held that work related stress can amount to a disability, as defined by the UK Equality Act 2010 ("EqA"), in a decision that...more

Secondary pensions: new Regulations, Statements of Practice and official guidance published

In October, the States of Guernsey passed the Secondary Pensions (Guernsey and Alderney) Regulations, 2023, and issued detailed guidance for employers and employees regarding the new secondary pensions regime. The Director of...more

Service providers' duties under CI discrimination law - minimising legal risk

Guernsey's discrimination law landscape will change on 1 October 2023, with the introduction of the Prevention of Discrimination (Guernsey) Ordinance, 2022. Local employers are currently preparing for the new law by training...more

Employment law issues in Channel Islands insolvencies

A recent English law case has highlighted an issue relevant to those involved in Channel Islands-related insolvencies – and particularly to insolvency practitioners ("IPs") who take on appointments as administrators – about...more

Guernsey’s new secondary pensions law - key points and FAQs

Guernsey’s new secondary pension law will be coming into force on 1 July 2024. It will be implemented on a phased basis over a 15 month period, beginning with the largest employers (those with 26 or more employees). The...more

Holbrey v States Employment Board and Others [2022] TRE 31A

In Holbrey v States Employment Board and Others [2022] TRE 31A the Jersey Employment and Discrimination Tribunal had to consider a number of potential issues, including disability discrimination for a non-physical disability,...more

Bathgate v Technip: Waiving Future Statutory Employment Claims in the Channel Islands

The Employment Appeal Tribunal (“EAT”) in the UK has held that unknown future statutory claims cannot be compromised by a settlement agreement. In the same case, the EAT also addressed a second jurisdictional issue in respect...more

Reflections on World Menopause Month: Growing Awareness of the Impact of the Menopause in the Workplace

As World Menopause Month 2022 draws to a close we wanted to reflect on how the conversation around the menopause in the workplace has steadily gathered momentum. In 2020 our article Turn Up The Volume: It’s Time To Talk...more

Key Points for Employers from Guernsey’s New Discrimination Legislation

On Friday 30 September, the States of Guernsey voted to approve The Prevention of Discrimination (Guernsey) Ordinance, 2022 (the Ordinance), subject to a number of amendments. The Ordinance will come into force on 1 October...more

Employment Arrangements for Public Holiday on Monday 19 September in Jersey and Guernsey

The States of Guernsey and States of Jersey have both announced that Monday 19 September 2022 is to be a public holiday to coincide with the funeral of Her Majesty Queen Elizabeth II. What this means in practice is...more

9/14/2022  /  Holiday Pay , Holidays

“Off the record?” Covert recordings in employment disputes

We have seen a number of cases recently in Jersey and Guernsey where issues relating to covert recordings have arisen. Historically, employers have been reluctant to record disciplinary proceedings, and this does occasionally...more

Guernsey’s New Discrimination Law Takes Shape Ahead of Proposed October 2023 Implementation Date

New legislation to bring Guernsey into line with other jurisdictions on protecting Islanders from discrimination in and out of the workplace has been published, ahead of a planned States debate in September and implementation...more

What next for Data Subject Access Requests (DSARs)? The direction of travel

Data subject access requests (DSARs) are a cornerstone of the data protection regime, being fundamental in helping individuals to exercise their rights. If individuals do not know what information an organisation has about...more

Facing a DSAR: How to Respond to a Data Subject Access Request

With the use of Data Subject Access Requests (DSARs) becoming increasingly common, it is important that anyone dealing with personal data understands what a DSAR is, when it can be used, how an organisation should respond to...more

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