Unfavourable treatment on the grounds of someone’s age; or a provision or practice which disadvantages a particular person because of their age and which would tend to disadvantage others in that particular age group.
Breach of Contract
Occurs when either an employer or employee breaks one of the terms of an employment contract. For example, if an employer does not pay an employee’s wages, or if an employee does not work the agreed hours.
This is an agreement that records the terms and payments to be made from an employer to an employee in return for a waiver by the employee of any contractual and or statutory employment law claims. For a Compromise agreement to be legally binding the Employer must ensure the employee has obtained a certificate from a legal adviser.
Constructive Dismissal is where an employer has acted in such a way towards the employee that allows them to leave their job and treat themselves as dismissed. Whilst the employer has not actually fired the employee, they may have brought the employment to an end by their behaviour.
If an employer is concerned or unhappy about an employee’s work, they may look to take disciplinary action against them. Examples of why an employer may be concerned or unhappy include the standard of work or behaviour at work. They may also be concerned about the level of absence from work.
Jersey Employment Tribunal Claim Form. Standard form on which the claimant must submit their claim.
Ex Gratia Payment
Sum of money paid where there is no obligation or liability to pay it.
Garden leave is the term given to a situation whereby an employee is required to serve out a period of notice at home. During this period the employee continues to receive all salary and benefits but is prohibited from commencing employment with new employers until the gardening leave period has expired.
If an employee is having a problem at work, is concerned about an issue that has arisen at work, or wishes to make a complaint about a colleague or a manager, then they can raise a grievance. Employers should have formal grievance procedures in place to address the handling of such complaints.
Conduct so serious as to justify summary dismissal of an employee.
Indirect discrimination is where an employer has applied a provision or practice which disadvantages an employee and which would tend to disadvantage others of the same race, sex, age, etc.
Employers should carry out a reasonable investigation, if they are considering taking disciplinary action against an employee.
Expectant mothers have the statutory right to a minimum amount of maternity leave.
This is wrongful, improper or unlawful actions taken by an employee. An employee runs the risk of being can be dismissed on the grounds of misconduct if they have received previous warnings for misconduct.
Notice periods are either statutory or contractual. An employer must give at least the statutory minimum period of notice as per the Employment (Jersey) Law.
Redundancy is caused by an employer needing to reduce their workforce. An employer has to follow a fair redundancy process to avoid triggering an unfair dismissal claim.
Unfavourable treatment on the grounds of a person’s gender.
Unfair Dismissal is where an employer dismisses an employee for an unfair reason and/or the employer does not follow the correct procedure for the dismissal.
What is a warranty? A warranty is a contractual statement of assurance given by the Seller to the Buyer that a certain state of affairs exists. In other words it is a promise within the agreement. For example the Seller will promise (warrant) that he owns all the shares being sold.
What is an indemnity? An indemnity is a contractual promise by the Seller to the Buyer that it will reimburse the Buyer, typically on a pound for pound basis, in respect of a particular type of liability should it arise.
What is a representation? A representation is an assertion as to a fact that is given to induce another party to enter into the agreement.
What is a misrepresentation? This is a breach or inaccurate assertion of a fact which can provide the Buyer with a right to terminate or refuse to complete the transaction.
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