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.
An employee should consider the following:
Do not do anything rash. Do not resign on the spot, or threaten your employer with legal action. Talk, out of the office environment, to a trusted colleague, or visit the Jersey Advisory and Conciliation Service (JACS); or seek legal advice. If you are being given notice of proceedings against you, say you need time to consider what is being alleged.
Know your rights. Check your employment contract, (your employer must provide you with one within four weeks of your beginning your job), and the employees' manual. Most businesses have one these days, and this will set out procedures for complaints, disciplinary procedures, etc. A small business may not have such a manual. If not, the employment contract must deal with a number of issues, set out in the Employment (Jersey) Law 2003. If you are being subjected to disciplinary proceedings you must have prior notice of the details and be given a fair chance to prepare. You should be given the opportunity to have someone with you at any hearing. You should be given written notice of the outcome and the reasons for it.
Remember that if you intend to continue in your job, you will have to manage your relationship with people who have complained about you, or about whom you have complained. Making a complaint is not something to do lightly - you may first want to approach your HR Department or staff member responsible for HR and ask them to note for the record your concerns and ask whether the matter can be dealt with informally. Keep your own record too, in case things become more formal later on
Livingstones are able to advise employers and employees on all aspects of Employment Law, including the terms of staff contracts and manuals, and specifically regarding any particular matter. Fees spent before embarking on action against your employee or employer may well help to avoid an expensive subsequent claim, especially since the Employment Tribunal can’t award costs, so even a successful party will end up with their own legal bill.
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.