Parslows are here to help and support you when you are facing employment issues and disputes.
You can protect yourself with expert employment law advice.
Parslows Jersey employment lawyers know that employment-related matters can be stressful for an employee. We will take time to understand your issues and what you would like to achieve.
Difficulties at work can be stressful and upsetting, especially if you face discriminatory treatment, unfair dismissal, redundancy, or require advice on a compromise agreement.
We recognise the importance of providing pragmatic but sympathetic advice and assistance to employees when dealing with problems at work. Our Jersey lawyers will support you through your issue to ensure you know where you stand at all times whilst also making the process as painless as possible.
Does my employer have to provide me with an employment contract?
You are entitled under Jersey employment law to receive a written statement of the terms of employment not later than 4 weeks after employment begins.
Do I have to provide my employees with pay slips?
Yes. Under the Employment (Jersey) Law 2003, if you employ a member of staff you are required to issue your employee with an itemised pay slip.. This includes if you employ students and part-time staff.
Does my employer have to provide me with holidays?
Under the Employment (Jersey) Law 2003, you are, as an employee, entitled to a minimum of 3 weeks paid annual leave. This may, however, be longer under your contract of employment.
Am I legally entitled to carry over holiday entitlement that I did not take?
Jersey employment law does not provide rights to carry over from year to year holiday entitlement. You may find that your employment contract provides some limited rights to do so.
My employment contract doesn’t state what period of notice I can give nor what my employer can give me, can you help?
If you have been continuously employed in Jersey for more than 1 week but less than 2 years, will be entitled to receive a period of at least one (1) week’s statutory notice to terminate their employment, unless there is a contractual obligation to give a greater period of notice which will take precedence. If you have been continuously employed for two (2) years or more, but less than 3 years, you are entitled to receive a statutory notice period of at least two (2) weeks to terminate their employment. Again any contractual obligation for a greater period takes precedence. Notice required increases by a further one (1) week’s notice for each year of service up to a maximum of twelve (12) weeks. Again greater periods specified in an employment contract take precedence.
My Jersey employment contract includes a restrictive covenant clause. Should I sign the contract without legal advice?
A restrictive covenant tends to be standard in Jersey employment contracts, especially if you take on a more senior position. Whether or not the covenant is binding upon you will depend upon the reasonableness of the clause. It is always worth taking legal advice before signing as this can have implications for you if and when you decide to leave the business.
Can I be dismissed or made redundant if I am pregnant or on maternity leave?
If the reasons are valid, an employer can fairly dismiss an employee who is pregnant or on maternity leave. However, if the dismissal or redundancy is actually about the fact you are pregnant or on maternity leave, then the dismissal will be automatically unfair.
Can I take my employer to court for constructive dismissal?
This will depend upon your particular circumstances. Constructive dismissal is not easy to prove and will depend on numerous factors. In essence, constructive dismissal occurs where you consider you have no option but to leave your job, because of your employer’s conduct. Although there has been no actual dismissal, the treatment is sufficiently bad that you are entitled to regard yourself as having been dismissed.
Can my employer sack me without reason if I have only been employed for a few months?
If you are employed for under a year, you do not have unfair dismissal rights as long as you are provided with notice you do not have unfair dismissal rights. As such, you can be dismissed without good reason. If you are employed over one year, you will accrue rights not to be dismissed unfairly, and as such, this will mean it must be for a good reason.
Can my employer make me redundant?
Businesses sometimes do need to make decisions about the size of their workforce, and unfortunately, this may mean employees will be made redundant. However, your employer must follow a full and fair redundancy process. If they don’t do this, you may have a claim for unfair dismissal.
What is gross misconduct?
Gross misconduct can be any conduct where you have behaved in a way that represents a serious breach of your contract, making any continuing relationship with your employer impossible. For example, where you have committed theft, refusing to obey legitimate instructions of your employer, etc. However, your employer cannot just sack you on the spot, they will still need to follow a disciplinary process.
What does it mean to be on garden or gardening leave?
Garden leave refers to a period of time in which your presence will not be required in the office, but you are still legally employed by your employer. Garden leave is used to ensure that confidential information and/or documents are kept private, and any issues relating to the business are unknown to you during this period. Whilst on garden leave, you are still employed by the company, and therefore remain on the payroll and are entitled to your salary. However, this also means that you remain under the authority of your employer, and therefore if you wish to go abroad, you must apply for holiday allowance through your employer, and until agreed, you cannot legally go on holiday.
I am about to leave my employment – am I entitled to get a reference?
There is no legal obligation for an employer to provide you with a reference. However, if you are a good leaver, reasonable employers will provide one.
Can my employer enforce a restrictive covenant against me once I leave their employment?
Whether your employer can enforce a restrictive covenant against you will very much depend on the reasonableness of the clause, which will include the duration and extent of the restriction. If you are concerned about this you should take legal advice before conducting any activity which may place you in a potential breach.
My employer has just handed me a compromise agreement. What does this mean?
A compromise agreement is a legally binding document between your employer’s business and you as an employee. This agreement will settle any claims relating to dismissal or any other issues that may end the employment relationship. The agreement will usually state that you will not pursue any claims against the business in return for financial compensation.
The complexity in this area of Jersey law means it is crucial for you as an employee to instruct Jersey-qualified employment lawyers to do the best possible job and protect yourself.
Our employment lawyers have been advising Jersey employees on Jersey employment law for over 15 years. We are here to support, help and defend you when called upon, whether advising on tribunal claims or advising on restrictive covenant clauses in your employment contract.