Collas Crill
Employment News June 2012
News // June 2012

It looks as if the summer may be with us at last! Before the holiday season begins in earnest we have two articles for you on managing performance.

The first is on the broad issue of performance and assessing how an employee performs, while the second concerns a recent Tribunal case specifically relating to absence due to illness.

These articles follow discussions at our recent employment seminars.

At the first, on redundancy, we took a detailed look at fair redundancy procedure and  reviewed recent Channel Islands' Employment Tribunal decisions showing how easy it is for employers to get it wrong. The second seminar covered managing performance and disciplinary procedure, specifically focusing on the consequences of not following procedure.

Both events were well received in both Guernsey and Jersey. We'll be organising more in the future so watch this space.
 
We also have some news about a minimum wage consultation in Jersey.
 
In the meantime, if any of your colleagues would like to receive this newsletter straight to their inbox please contact jane.darvell@collascrill.com, who will add them to our mailing list. 
 
Managing performance - steps to take when an employee under performs

Friday 29 June

There is no legal definition of job performance, but simply, it is the assessment of how an employee performs their duties at work.

Essentially, an employer needs to identify the reason or root cause for the performance not being as it should be, as it was, or at the level that the employer wants it to be.

The situation can include an employee who is incapable of doing the job, is capable but is not contributing as required to do, is absent for frequent short periods or is signed off for a long time.

Colette Hunt looks at some steps to take in this article.

 
 
Tribunal case highlights need for procedure in dealing with absence due to ill health

Friday 29 June

The Jersey Employment Tribunal has released a decision relating to how the employment of an employee ended after he suddenly fell ill.

It was unclear whether he had been dismissed or not and the employee also wanted to know if he had any legal entitlement owing.

The case highlights the need for employers to follow procedures in investigating absence from work due to ill health, so if you have an employee who has been absent for some time and are uncertain what steps should be taken, do take advice, says Colette Hunt in this article.

 
 
Jersey Employment Forum seeks views on minimum wage

Friday 29 June

We've been told that the Jersey Employment Forum is reviewing the minimum wage and trainee rate and are asking for views.
 
Their questionnaire is online at www.gov.je/minimumwagereview and they are asking for comments by 17 August 2012.
 
The website also provides more information about the review, including details of a public meeting on 1 August.
 
The Forum is seeking views about what rate the minimum wage should be set at from 1 April 2013 and whether a recommendation should also be made for minimum wage rates to apply from 1 April 2014.
 
The Forum is also reviewing the conditions relating to the trainee rate, including the types of training that permit an employer to pay the trainee rate and the maximum length of time that the trainee rate should be payable for.
 
The views received, combined with data about the economy, will help the Forum to decide whether any changes should be recommended to the Social Security Minister.
 
 
Key Contacts
 
Emma Parr
Guernsey
Emma Parr
Senior Associate
Contact Emma on
+44 (0)1481 734229
or via email
Colette Hunt
Jersey
Colette Hunt
Senior Associate
Contact Colette on
+44 (0)1534 601734
or via email
 
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