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• Employing staff
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Employing staff

Employing people should be straightforward. The reality can be somewhat different as employers have legal obligations and responsibilities when engaging staff.

This section provides information about those obligations including an explanation of the Right to Work Law, the requirements of Tax and Social Security, health and safety considerations and contracts of employment.

Employees are an organisation's greatest asset and responsible employers will wish to ensure that they follow best practice in terms of employment relations. Information is also available on a wide range of employment related matters such as local employment legislation and guidance on managing the employment relationship.

Employing a person without a Right to Work Document

It is an offence for any employer to employ a person in Guernsey who does not hold a valid Right to Work document. In simple terms, this means that for every day that it person is in your employ, you must make sure that they hold a valid document, and that you have seen it, and have recorded the details of it.

You must hold Right to Work records for your employees for three years after they have stopped working for you.

If you employ a person who does not hold a Right to Work document, you risk prosecution, which can result in the court imposing a fine.

It is also an offence for an employee to work in Guernsey without a valid Right to Work document. If a person works without a valid Right to Work document, they too risk prosecution, which can result in the court imposing a fine.

Temporary Exemption Certificates

If Housing Control has received an application for a Right to Work document, normally it will be possible to issue a Temporary Exemption Certificate to the applicant. This means that there is no reason for any employer to have to employ a person without a Right to Work document.

There are other circumstances when Housing Control might agree to issue a Temporary Exemption Certificate and these include:

· To enable a person to work in the Island whilst they exercise their right to appeal against a decision made by Housing Control

· To provide a period of 'grace' to enable a person time to adjust to a decision made by Housing Control

It is important to be aware that although a Temporary Exemption Certificate is a Right to Work document, that allows the holder to work in the Island, it is not a Housing Licence. This means that, if the holder is living in Local Market accommodation,that are living there unlawfully. But Housing Control undertakes not to take action against that person while they hold a valid Temporary Exemption Certificate.

If Housing Control refuses to issue a Temporary Exemption Certificate, this is usually because it has not received an application for a document from the person, or because it has good reason to believe that the application will be unsuccessful. Reasons why an employment-related application might be refused are explained on the employer's checklist.

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