Employment

Bonuses often account for a significant proportion of an employee’s remuneration, particularly in the case of senior executives. We can advise on: Bonus payments during employment, Entitlements to bonus following termination, Drafting appropriate bonus clauses and policies.

The employment contract provides the basis of the employment relationship. It is important for both employers and employees to take legal advice on the nature and effect of the contractual terms before entering into the relationship. Often, this can save a future dispute between the parties. We can advise on: Essential terms for contracts and written particulars of employment, Drafting contracts in order to protect an employer’s interests, Specific contractual terms, for example, bonuses and restrictive covenants.

Data protection laws and increasing regulation on the use of information are vital issues that impact on virtually every employer. We can advise on: Complying with data protection laws, Data protection in the workplace, including protecting an employee’s personal data, Drafting policies and procedures to protect against the misuse of data & Data protection requests.

These procedures have become particularly important with the advent of claims arising from termination, the success of which may depend on the procedures followed by the employer. We can advise on: Effective handling of employment issues, including investigations as to an employee’s conduct and suspension pending disciplinary procedures, Disciplinary procedures and hearings and the options open to employers, including ultimately termination of employment, Grievance procedures open to an aggrieved employee & Ongoing capability and conduct issues including timekeeping and sickness.

Employee benefit schemes, such as pension or share option schemes, are increasingly being used as an incentive to gain a competitive advantage over other employers. We can advise on: Drafting or reviewing the scheme documents, An employer’s powers and responsibilities under ongoing schemes & The effect of business mergers or restructuring on the schemes.

It is not uncommon for an employee to also be a shareholder in the employing company or group of companies. If a dispute arises between the parties this may affect an employee’s shareholding. Key areas: Drafting employee shareholder agreements, Termination and its effect on the shareholding, Minority shareholder actions & The methods of determining the valuation of a shareholding, including court proceedings, arbitration, expert determination, mediation and negotiation.

Every person who is in employment in Guernsey must be the holder of a valid right to work document. This relies upon the Housing Law legislation to indicate that the employee concerned is lawfully housed. We can advise on: Application for essential licences, Appeals against the decisions of the Housing Department & Housing options following termination of employment.

The challenges facing employers and employees on a business restructuring or downsizing are numerous, and the key is often in the way the redundancy situation is managed. Procedures to be followed, including consultation processes, Selecting a pool of employees for redundancy and other relevant considerations, The terms of a termination by reason of redundancy & The employment aspects of a company or group restructuring, including the transfer of undertakings.

These covenants seek to regulate an employee’s obligations during employment and, importantly, after the relationship has ended. This can have serious ramifications on an employee’s freedom and on an employer’s protection from competition and the unauthorised use of its information by a former employee. We can advise on: Drafting restrictive covenants, Enforceability & Breach of restrictive covenants and injunctive proceedings, including springboard injunctions.

Sexual discrimination in the workplace can be a difficult and emotive issue, and it is imperative that attention is given to proper training to avoid such issues, and the management of them should they arise. We can advise on: Training employees, including designing, implementing and delivering training programmes in order to educate, The appropriate management and investigation of sexual discrimination issues, including harassment and bullying, Maternity leave & Avoiding discrimination in the recruitment process.

Staff handbooks are increasingly being used to set out in some detail all of the employer’s relevant policies and procedures. We can advise on: Drafting handbooks and policies & Reviewing and updating handbooks and policies to ensure that they comply with current legislation and best practice, and are easy to follow.

Disputes between employer and employee are inevitable. These disputes can cost time and money and involve consideration of a number of issues, including reputational risk and regulatory issues. We have a particular expertise in contentious employment matters, including unfair dismissal. We can advise on: Unfair dismissal claims following termination, Constructive dismissal, Representation before the Employment Tribunal & Conciliation, negotiation, mediation and other alternative methods of resolving a dispute.

Often of particular importance in connection with the employment of senior executives, a wrongful dismissal claim is a claim for breach of contract before the Magistrate’s Court or the Royal Court. Drawing on our experience in litigation matters, we provide detailed advice to employers and employees on these claims. We can advise on: Drafting and filing proceedings or defences and generally representing parties before the Court, The quantum of damages including claims for bonus payments and other contractual benefits & Personal injury claims, particularly for stress and psychiatric injury caused by virtue of employment.