Employment Law for Businesses
Most people, whether employers or employees, will be aware of the Employment Law and the changes it has made to the relationship between employer and employee.
This is a very important part of running a business, since failure to follow the Employment Law can result in significant claims against an employer, and failing to observe the terms of your employment can cause problems for an employee.
An employer should do the following:-
Provide a written statement of the terms for each employee within four weeks of their beginning their job. Failure to do so can expose the employer to a fine, and also make it more likely that an employee will succeed in a dispute with the employer, whether for unfair dismissal or otherwise.
An employer must observe the terms of the Employment Law. If your business is large enough to have an HR Department, that department can reasonably be expected to know all of an employer's obligations under the law. If not, then you should consider carefully training all staff members who are responsible for HR matters - there are several local firms which offer such training. Failing that, the Jersey Advisory and Conciliation Service (JACS) are very helpful and produce a number of brochures, updated from time to time, regarding the law.
There should be a written employee manual, amended from time to time to take account of any changes in the Employment Law. This should be the responsibility of the HR Department (or the members of staff with HR duties). This may not be necessary in the smallest of firms, but a failure to have clear rules on (for example) disciplinary matters can lead to problems.
Employers should ensure that disciplinary procedures against staff and grievance procedures for staff form part of the manual and are kept up to date. It is suggested that the manual should be revised at least annually to ensure that it is compliant with changes in the Employment Law. An employer should be certain, when considering disciplinary procedures or the possible removal of a staff member (whether by way of redundancy or otherwise) that the relevant procedures are followed; otherwise an employer is likely to fall foul of the Jersey Employment Tribunal and face a successful claim for compensation.
This note is intended to provide outline guidance. It does not purport to offer legal advice and it is not intended that you should rely upon it for such a purpose. If you wish to receive legal advice, please contact us to discuss your case.