Employees could get legal right to written reason for dismissal

Friday 02 August 2024

A new law is due to be drafted which would give employees the right to get a written reason for their dismissal.

In response to a report by the Employment Forum, Social Security Minister Lyndsay Feltham said that she will request that a law is drafted to make the provision of written reasons for dismissal a legal requirement.

Jersey's Employment Law currently does not give dismissed employees this right.

In England and Wales, employees are entitled to a written statement of the reasons for their dismissal if they request it and if they have worked for their employer for at least two years.

Once they have made this request, their employer has 14 days to respond.

The requirements are more generous in England and Wales for those who have been dismissed while pregnant, or on maternity or adoption leave.

For people in these categories, there is no minimum service requirement and they don't have to make a request.

Deputy Feltham said she will request that a law is drafted to create similar requirements in Jersey.

The Minister also agreed with the other points raised by the Employment Forum in their report, which focused mainly on compensation and tribunal procedures.

She acknowledged that the compensation cap for breaches of statutory rights should be higher, that compensation for unfair dismissal should be extended, and that the maximum limit for compensation in discrimination cases should be increased.

Deputy Feltham also agreed that some tribunal judgements can be anonymised, and that the Employment Tribunal should not introduce fees.

To implement these changes, the Minister is planning to bring forward amendments to existing laws or ask for new laws to be drafted where relevant.