• Discrimination on the grounds of gender, married status or gender reassignment;

• Victimisation; (for having brought a claim or having given evidence in someone else’s claim under the Sex Discrimination (Employment) (Guernsey) (Ordinance), 2005);

• Having suffered a detriment for refusing, or proposing to refuse, to work (in a shop) on a Sunday;

• Unfair Dismissal;

• Failure to be provided with a written statement of the reason(s) for dismissal or where reasons are provided, where the Applicant believes these reasons to be inadequate or untrue.

There are currently two part-time Secretaries to the Tribunal who provide administrative support for the Tribunal Panel members and for the process.

How to submit/respond to a Complaint

Refer to:

• The Requirements of the Employment Protection (Guernsey) Law, 1998;

• The Requirements of the Employment Protection (Sunday Shop Working) (Guernsey) Law, 2001;

• Making a Complaint to the Employment and Discrimination Tribunal;

• Responding to a Complaint to the Employment and Discrimination Tribunal;

• Conciliation;

• Sex Discrimination at Work – Your Rights;

• Sex Discrimination at Work – Your Responsibilities;

Complaints should be submitted on:

Application Form (ET1).

The Process

Providing the Applicant fulfils the qualifying period in order to submit a claim and providing that any such claim is submitted within the required time limits, the claim should be sent to:

The Secretary to the Tribunal
Raymond Falla House
PO Box 459
Longue Rue
St Martin’s
Guernsey
GY1 6AF

Once completed, an Application should reach the Secretary to the Tribunal within a period of three months beginning with the effective date of termination of the employment.

Note: The effective date of termination means:

1. The date on which termination takes effect (where no notice has been given);

2. The date on which the notice expires (where notice has been given); or

3. In the case of a fixed-term contract, the date on which that term expires without being renewed under the same contract.

Once received, the claim will be acknowledged, a copy sent to the Respondent (Employer) asking for a response, a further copy will be sent to a Conciliation Officer.

When the Respondent has submitted the response, this will be acknowledged, a copy sent to the Applicant (Employee/former Employee) and a further copy sent to the Conciliation Officer. The Conciliation Officer will at this stage contact both parties individually to offer Conciliation, as required by law.

• If the conciliation process is successful and a conciliated settlement is reached between the parties, then the case is closed and no further action is taken;

• If one/both parties are unwilling to take part in Conciliation or if the conciliation process fails to reach a settlement between the parties, a Tribunal is appointed to hear and determine the outcome of the claim at a formal Hearing;

• The option to conciliate remains open to the parties throughout the process right through to the Hearing;

• After the Hearing, the Tribunal will provide a written decision, giving reasons for its decision;

• If an Applicant is successful in his/her claim, the Tribunal will make an award.

The Tribunal’s decision may be appealed to the Royal Court, on a point of law only. (See: The Employment Protection (Appeals and References) Order, 2006 / The Sex Discrimination (Appeals and References) Order, 2006). Copies may be obtained from the Greffe.

For more information about the process, please call the Secretaries to the Tribunal at Raymond Falla House on 01481 234567 or Fax: 01481 233295.

For advice about any employment issues, please call an Industrial Relations Advisory Officer at Commerce and Employment on 01481 234567 or fax 01481 235015 or email: industrialrelations@commerce.gov.gg

Downloads

ET1 Application Form
ET2 Response Form


The Adjudication Service
Prior to the establishment of the Employment & Discrimination Tribunal Panel, complaints of ‘Unfair Dismissal’ or/and ‘Failure to be provided with a written statement of the reason(s) for dismissal’ made before 1 March 2006, were heard by lay Adjudicators.