These pages provide practical and useful advice on employment and workplace issues. In addition, it explains current Guernsey employment laws and helps you to access further information.
About Us
- The Employment Relations Service
- Advisory Officers, at the Employment Relations Service, can offer confidential and free advice on all aspects of employment law and employment relations.
- The Employment Relations Service provides free impartial and practical advice on all aspects of employment and workplace issues. It helps promote a clear and practical understanding of current and impending legislation or best practice where no legislation is currently in place. Employment Relations Officers aim to encourage a constructive approach to avoiding or resolving difficulties and disputes that arise in employment relationships.
- Advisory information covering a range of subjects including contract of employments, tackling absence problems, bullying, harassment, sex discrimination and equal opportunities are available from the headings below.
- The Service runs workshops on a variety of employment related subjects from time to time.
- The Service also administers the
Information on making a claim to the Employment & Discrimination Tribunal [262kb] which includes provision of conciliation to the parties to Tribunal claims.
- The section has an enforcement role in respect of employment protection, minimum wage and gender discrimination laws.
- All contact with the service will be treated in the strictest confidence.
Contracts of Employment
- A contract of employment is a legally binding agreement made between an employer and employee when a job applicant accepts an offer of employment. It forms the basis of the employment relationship. All employees are entitled to receive a written statement not later than four weeks after the commencement of employment. The written statement MUST contain information relating to 12 terms of employment. All employees are also entitled to receive a payslip on or before the day the employee is due to be paid.
- This section also provides:
- information on clauses required within the written statement (e.g. provision for maternity leave, holidays, holiday pay, notice periods etc)
- guidance for employees and employers on changing terms and conditions of employment
- statutory rights relating to Sunday shop working
Unfair Dismissal
- If an employee believes they have been unfairly dismissed they may make a complaint to the Employment and Discrimination Tribunal Service.
- Most employees will need to have been employed for one year to be able to make a claim. In certain circumstances the qualifying period can be waived.
Redundancy
- The Code of Practice sets out the process employers should follow when considering making redundancies.
- It is important that employers abide by the Code as an Employment Tribunal may consider the relevance of the Code in determining whether a dismissal was fair or unfair.
Good Practice at Work
- As well as ensuring legal rights and responsibilities are met by employers, supporting staff will ensure they are motivated to do a good job and be more productive.
- Having sound workplace policies will ensure appropriate standards are kept and where problems occur, allow employers to deal with them effectively and ensure all staff are treated equally.
- Discrimination at work on the grounds of sex, marriage or gender reassignment is unlawful in Guernsey.
Sex Discrimination
- Sex Discrimination covers all aspects of employment from pre-recruitment to post termination of a contract and everything in between.
- This section provides: guidance on what the law says, guidance for employers on good practice in the workplace to help prevent claims of sex discrimination and information for job applicants or employees who believe they may have been suffered from discrimination.
Maternity and Adoption
- This Section provides guidance on statutory maternity and adoption leave rights, together with helpful information to assist employees in drawing up a breastfeeding policy for employees returning after maternity leave.
Workshops/Training Sessions
- In January 2016, the States approved the introduction of statutory maternity leave, adoption and maternity support leave which will be effective from April 2016.
- Workshops held in early February included guidance for both large and small businesses and their employees, and an explanation of the legal obligations the law places on both employer and employee, as well as the circumstances under which the provisions apply.
Collective Workplace Disputes
- The Employment Relations Service can help employers and employees (usually represented by a trade union) to try and reach mutually acceptable agreements in collective (or trade) disputes. Areas of disagreement can concern issues like pay, terms & conditions or resourcing levels. Conciliation is a voluntary process that assists parties to unpick the issues in dispute and arrive at a voluntary solution. A neutral, impartial and independent third party can often bring a new dimension to talks when parties cannot reach agreement. It is advisable to contact the employment relations service before a dispute becomes entrenched or if the working relationship starts to break down.
Minimum Wage rates
- The statutory minimum wages rates will take effect from 1st October 2022. The Adult Rate, for those aged 18 and over, will be £9.55 per hour, an increase of 50 pence per hour from £9.05. The Young Person's Rate, which applies to 16 and 17 year olds, will increase from £8.60 to £8.95 per hour.
- For information on minimum wage please follow this link Minimum wage
