Rachel Guthrie

Rachel Guthrie

Counsel | Guernsey

Hana Plsek

Hana Plsek

Senior Associate | Guernsey

In Brief: Guernsey Employment Law – Autumn 2021

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17 November 2021

1. The States have resolved to increase the Island's minimum hourly wage to £9.05 from 1 January 2022. The current rate is £8.70.

2. We continue to await the draft of the new multi-ground discrimination legislation. The drafting of the legislation has started and is likely to return to the States for approval in early 2022.

3. The appointment of new Employment & Discrimination Tribunal Panel Chairs and Members has taken place; congratulations to all those who have been appointed!

4. The Population Management Office is continuing to encourage individuals and businesses to get in contact with them if they or their employees are reaching their limit under a Population Management Permit.

5. Terms of Reference for the Population and Immigration Policy Review were published on 15 October, outlining the scope and objectives for the review - identified as a priority by the States during the Government Work Plan debate.

6. The preliminary hearing in Gints Slesers & Ieva Steimane V Alison De La Mare Or Edmond Limited T/A The Captains Hotel brought the first application for dismissal or strike out made under The Employment and Discrimination Tribunal (Guernsey) Order, 2020. The application alleged that the Applicants (assisted by Hana Plsek) had brought their claims against the wrong Respondent. The Tribunal found that it had the power to substitute the correct party, and that the case had reasonable prospects of success such that it should not be dismissed or struck out.

7. The preliminary hearing in Raffray V States Of Guernsey served as a reminder that employer pension contributions in respect of the defined contribution scheme did not fall within the meaning of ‘pay’ as set out in Section 34 of The Employment Protection (Guernsey) Law, 1998 as amended and therefore should not be included in the calculation of any award.

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