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Jersey Employment Law | FAQs

Jersey Employment law

Does my employer have to provide me with an employment contract?

In Jersey, the Employment (Jersey) Law 2003 (as amended)  states that an employee must be provided with a written statement (of the terms of their employment) not later than 4 weeks after employment begins.  You have a right to be provided with such.

Does my employer have to provide me with a pay statement?

Yes. Under Jersey Law if you employ a member of staff you are required to issue your employee with itemised pay statements.  This includes if you employ students and part time staff.

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.

Can I be 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 redundancy is actually about the fact you are the pregnant or on maternity leave then the dismissal will be automatically unfair.

Are the restrictive covenant clauses in my employment contract legal?

Possibly.  For the restrictive covenant clause to be ‘legal’ the following among other things must be considered (a) whether there are any legitimate business interests to protect; (b) the length of the restrictions; and (c) the geographical extent of the restrictions.  In other words is it reasonable for your employer to protect their interests from you.

What is constructive dismissal?

Under Jersey law constructive dismissal is where your the employer, fundamentally breaches your contract of employment in some way.  This includes for example imposing a disciplinary or performance process that is grossly unfair and disproportionate; forcing a cut in salary or other benefits etc.

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.

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.

Notification

Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.

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