Collas Crill
Employment News August 2011
News // August 2011

In this month's edition of Collas Crill's Employment News we take a look at the recent and high profile decisions from Guernsey and Jersey's Employment Tribunals.

In Guernsey we consider the pitfalls of getting redundancy procedure wrong and the implications this has on pool selection, and in Jersey we look at the consequences of an employee bringing an ill-founded claim for unfair dismissal. The issue was highlighted recently when the Tribunal reduced the compensation awarded by 65%. 

We also consider the proposed amendments affecting both islands for the default retirement age - is it the end of the line for retirement at 65?

Please contact us for more information and advice on these and other employment issues. If you have a colleague who would like to receive our newsletter direct to their inbox, please email jane.darvell@collascrill.com.

 
The pitfalls of pool selection in redundancy

Friday 12 August

Collas Crill recently acted for the NSPCC in defending claims for unfair dismissal brought by four of its former employees. All four were made redundant when the charity closed its operations in Guernsey in 2010.

The NSPCC followed what it felt to be a fair and thorough procedure in winding down the operations and handling the redundancies of the Guernsey based staff and, on the whole, the Tribunal agreed.

As Emma Parr explains in this article, the lesson is one that has been repeated so many times: when it comes to redundancy, despite a plainly genuine redundancy scenario and a prima facie fair process, employers can still be liable for significant awards if their audit trail does not show the right boxes being ticked.

 
 
Jersey Employment Tribunal takes unprecedented step of reducing compensation for unfair dismissal

Friday 12 August

The Jersey Employment Tribunal considered that in the circumstances of a recent case it would be 'just and equitable' to reduce the applicant's compensation for unfair dismissal by 65%. Simon Hurry, who acted for the respondent, explains the decision.

 
 
Default retirement age: end of the line in the Channel Islands?

Friday 12 August

Over recent years the default retirement age has been a hotly debated topic both in Guernsey and Jersey. The Default Retirement Age (DRA) in both islands, for those wanting to retire, is currently 65 (as defined in the Social Insurances (Guernsey) Law, 1978 and the Social Security (Jersey) Law, 1974) irrespective of circumstances.

However, with people living longer healthier lives, the islands could see the end of the line for the DRA, says Emma Parr in this article.

 
 
Key Contacts
 
Emma Parr
Guernsey
Emma Parr
Senior Associate
Contact Emma on
+44 (0)1481 734229
or via email
Simon Hurry
Jersey
Simon Hurry
Associate
Contact Simon on
+44 (0)1534 601737
or via email
 
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