With the number of redundancies on the increase, this is a question frequently being asked by Guernsey employers. The answer is always the same. Based on past Tribunal decisions and the Commerce & Employment Code of Practice, Emma Parr explains why the answer has to be a resounding “yes”.

The long awaited Control of Housing and Work (Jersey) Law 2012 (the “new law”) is due to come into force on 1 July 2013. It is hoped that the new legislation will be easier to interpret whilst making it more effective. So, what does it all mean for us? Sharon Therin explains.

Welcome to this month's Employment newsletter which includes articles on two hot and contentious subjects.

Colette Hunt's article provides some comments on the credibility of the Jersey Employment Tribunal in the light of a recent independent report, and Emma Parr highlights the 'TUPE issue' as she considers the on-going and longstanding dispute between Unite the Union, on behalf of the bus drivers in Jersey, and their new employer, CT Plus.

The UK government has been busy drafting new proposals for developing the hotly debated topic of parental leave following the results of last year's public consultation: "Modern Workplaces". The proposals will soon see the implementation of the Children and Families Bill 2013 which intends to radically overhaul the current laws on parental leave, as Emma Parr explains in this article.

It is widely understood that an employment contract, unless otherwise agreed, cannot be immediately terminated simply due to a change of heart or perhaps a sudden desire to pack up and travel the world. But what happens when either party could give say, three months' written notice to terminate the employment contract in the normal way, but the employer could elect to make a payment in lieu of notice ('a PILON') to terminate the employment contract immediately? In this article, Simon Hurry discusses whether this makes a termination effective?

In this month's edition of our Employment newsletter we focus specifically on recent developments in the UK employment arena.

In particular, we draw your attention to the UK's latest proposals for shared parental leave which emanate from last year's Government public consultation and are due to come into force in early 2015. We also remind you of the on-going public consultation in the UK about the practicalities of implementing those proposals. For those of you with any burning concerns, we have also provided details of how to engage in the consultation and the closing date for submissions.

In addition, we also highlight the most salient points to arise from the Supreme Court's recent decision on when to exercise a PILON payment and whether such payment constitutes an effective termination. In this article, Simon Hurry explores the issue and discusses what impact this may have for Islands' employers.

Finally, we also still have limited spaces available on our free Employment Seminar Series in April. Click here for more information or to reserve your space. Please note: The Sex Discrimination, 17 April seminar in Guernsey is full with a waiting list.

If you would like to discuss any of the issues raised in this month's edition, or indeed any other employment related issues, please do not hesitate to contact the Employment team for more information.

Welcome to this month's edition of Employment News where we consider two recent employment issues that have arisen across the Channel Islands.

Following on from last month's article on the proposed draft race discrimination law to be implemented next year in Jersey, this month's edition takes a closer look at the possible compensatory awards that could be made by a Tribunal should a Jersey employer commit a racially discriminatory act. In particular, we ask whether such awards are reasonable?

We also consider the impact of drinking (or being drunk) in the workplace. This issue was recently considered by Guernsey's Employment Tribunal when an employee turned up to a work's training course whilst under the influence of alcohol. Was this a fair reason to dismiss?

If you require more information on these topics or any other employment related issues, please feel free to attend our in-house seminars and be sure to reserve your space at any of the following events. Formal invites to follow soon.

Collas Crill Guernsey 

Discrimination in Guernsey - an Overview, Wednesday 17^th April 2013  

Disciplinary and Grievance Procedures, Wednesday 24^th April 2013

Collas Crill Jersey 

Race Discrimination - A First for Jersey, Friday 12^th April 2013

Disciplinary and Grievance Procedures, Friday 19^th April 2013  

All of our seminars will be run in-house at Collas Crill's offices from 8.00am to 9.00am; light refreshments will be available.

Please do forward this newsletter to colleagues and let us know if someone else in your organisation would like to receive it straight to their mailbox by e-mailing lucy.robertson@collascrill.com.

Is £10,000 enough if you have been discriminated against? In this article, Colette Hunt discusses the proposed award maximum for financial loss, hurt or distress for those who feel wronged or discriminated against. Is £10,000 too low or does the feeling of justice having been obtained counter balance this?

The subject of being under the influence of alcohol whilst at work or carrying out work duties is discussed here by Emma Parr. In a recent Employment Tribunal case against Mrs L, a member of staff for the States of Guernsey, Mrs L questioned her dismissal arguing gross misconduct as an unfair decision to terminate her contract.

What is Collas Crill’s pensions and employee benefits service? It is a comprehensive legal service to assist businesses and service providers with the establishment and ongoing administration of both international and locally focused pension and employee incentive plans.

Happy new year! In this, the first of our monthly Employment newsletters for 2013, we look at two highly topical issues.

First, Can an employer's refusal to allow the manifestation of beliefs in the workplace be seen as a step too far?

Emma Parr explores a case that you'll likely have seen in the national media, in which Mrs E, a practising Christian, wore a cross visibly around her neck as a sign of commitment to her faith. Her employer, British Airways, refused to allow her to wear the cross openly.

Decisions to come out of the European Courts must be taken seriously by the Channel Islands, where discrimination laws fall far short of widely recognised international standards.

Colette Hunt picks up the theme in our second article, Race discrimination in Jersey - the draft law

Jersey has no discrimination laws but will shortly be making provision for race discrimination. In this article Colette considers the main definitions within the draft law and a few key considerations for employers.

Later this year, Collas Crill will be running some seminars on race discrimination, when the draft law and its effect will be considered in further detail.

If you are interested in attending these, please contact our marketing team to indicate your interest by emailing events@collascrill.com.   

If you have a query or concern at this stage which requires some legal advice, please do not hesitate to contact Colette Hunt on 01534 601733 or colette.hunt@collascrill.com

UK laws have recently been criticised by the European Courts for not striking the correct balance between the protections of an employee’s right to manifest her religion in the workplace, against interests of others. Emma Parr considers a case that went to the European Court of Human Rights, in which Mrs E, a practising Christian, was not allowed to wear a cross visibly around her neck by her employer, British Airways.

The draft of the primary enabling Discrimination Law in Jersey is now available to be considered. Colette Hunt sets out the main definitions and covers some key considerations for employers.