Guernsey: Consultation on Guernsey employment law and protectionsThursday, October 28th, 2010
On 25 October, the Commerce & Employment Department published a consultation paper entitled A Review of Employment Law and Protections in Guernsey. The Paper asks if the existing employment protections are set at an appropriate level or if more are required. Options for potential legislation are proposed and comments are requested by 5 January 2011 from members of the public, employee and employer representatives, States Departments, support groups and organisations, and the administrative authorities of Herm and Jethou, the States of Alderney and the Sark Chief Pleas.
Guernsey currently has employment legislation relating to:
- the provision of a written statement of terms and conditions of employment
- the provision of a statement of pay (payslip)
- entitlement to a minimum period of notice
- the right not to be unfairly dismissed
- the provision of a written statement of reasons for dismissal
- protection against gender discrimination
- protection against detriment for refusal to work in a shop on Sundays
- entitlement to a statutory minimum hourly rate of pay
- referral of disputes between employee and employer for third party resolution.
A preliminary assessment by the Commerce & Employment Department suggests the following potential areas for new employment legislation:
- introduction of paid or unpaid maternity leave
- the right to Equal Pay for Work of Equal Value
- a minimum age for the employment of children and restrictions on the working time of children and young persons
- protection against discrimination in employment on the grounds of race, sexual orientation, disability, religion and belief, age
- introduction of statutory redundancy pay and funding for an insolvency protection fund
- rules regarding the recognition of trades unions and controls on strike action
- other rights, such as holiday pay, sick pay, whistle blower protection, flexible working, paternity leave, transfer of undertakings protection.