Our employment team, lead by Advocate Nina Benest, provides practical solution driven advice to small to medium sized businesses and employees, on both contentious and non-contentious employment law matters. We offer training on a wide range of employment, discrimination and data protection issues.
“Very impressed with the efficiency, professionalism and friendliness”
Our team members include Claire Kingham, an employment law specialist and member of the Industrial Law Society and the Employment Lawyers Association. Claire has significant experience in representing both employers and employees in the Jersey Employment and Discrimination Tribunal, in both employment and discrimination cases.
Our services include advice on:
- Contracts of Employment
- Handbook policies and procedures
- Termination of employment / unfair dismissal
- Compromise Agreements
- Employment and Housing
- Employment and Discrimination Tribunal representation
- Restrictive covenants
- Mergers and acquisitions
- Business sales and purchases
- Managing sickness absence
- Family friendly legislation
- Collective Disputes
- Data Protection
"I would like to say a big thank you for your work and support and understanding dealing with this case at an incredibly difficult time for me" – Litigation client
"Philip Syvret provided an excellent service and advice and the team was friendly, helpful and efficient" – Litigation client
"Many thanks for all your help with this mater, you have been very supportive and helpful." – Family Client
Employers are required to provide employees with a statement of the initial terms of employment within 4 weeks of the commencement of employment. The statement should make reference to the main terms of employment including those relating to remuneration, frequency and method of pay, working hours, holiday entitlement and pay, redundancy pay, family friendly rights including maternity and paternity entitlement and pay, the notice required to terminate the engagement and retirement.
The statement should be supported by a handbook setting out the employer’s policies and procedures. A well drafted handbook will include policies relating to the operation and mechanics of the contractual terms set out in the statement, for example how holidays are booked, how notice is served and what the procedures for notification of sickness absence are. The handbook will also include the employer’s policies relating to disciplinary and grievance, redundancy, social media, stress at work, data protection and privacy, electronic information and communication systems. The handbook will serve as a guide to both employees and employer on how the employment relationship operates.
At Benest & Syvret our team is well versed in drafting employment related contractual documents, including contracts of employment and handbooks, together with bespoke documents for example secondment agreements, training policies and restrictive covenants.
Whilst resolving employment related disputes at an early stage is desirable we recognise that early resolution is not always possible.
Benest & Syvret have a proven track record in the Employment and Discrimination Tribunal, representing both employers and employees in employment related claims including unfair dismissal (misconduct, capability and restructuring and redundancy), constructive unfair dismissal, breach of contract, holiday pay and discrimination.
Finding solutions that meet the requirements of your business is what our lawyers excel at.
Our lawyers have significant experience in negotiating settlement in employment disputes and preparing compromise agreements.
We also provide a cost effective service in advising employees on the meaning and effect of compromise agreements.
The equality landscape in Jersey is changing rapidly. Employers are now required to ensure that their employees are treated equally regardless of race, (including colour, national origin, and ethnic origin), sex (including sexual orientation, gender reassignment, pregnancy and maternity), age and disability. This area of law is a minefield for unwary employers and employees.
At Benest & Syvret we recognise the importance of employers ensuring that issues relating to discrimination are dealt with quickly and in a sensitive and effective manner. We offer training for managers and staff alike on equal opportunities and guidance on how to handle difficult situations. We also assist employers in the management of the process when discrimination complaints arise to ensure that that the employer complies with its legal obligations and the situation is resolved amicably. Whilst resolving the issues at an early stage either through negotiation, mediation or conciliation is desirable we recognise that early resolution is not always possible.
Our team of employment lawyers have a proven track record in the Jersey Employment and Discrimination Tribunal in representing employers and employees in complex discrimination claims.
Family Friendly Legislation
Time off for ante natal appointments, maternity leave, parental leave, adoption leave and flexible working, were first introduced in Jersey in 2015. More recently these rights have been enhanced significantly granting greater flexibility to families in the workplace.
Our employment lawyers will ensure that your policies and procedures meet the minimum requirements of the law and will provide training to your employees, to reduce the risk of discrimination and unfair dismissal claims.
Where a data breach occurs one of the Information Commissioner’s primary concerns is what action your business has taken to ensure the integrity and security of any personal information it holds.
2018 saw the enactment of the Data Protection (Jersey) Law 2018. This Law highlights the obligation on every business to carry out an audit of the personal information it holds and to put in place policies and procedures to ensure that it is processing that personal data in accordance with the principles set out in the Law.
Our lawyers at Benest & Syvret are experienced in guiding businesses through the process of carrying out data audits and drafting policies and procedures to protect your business against data breaches and security risks.
We also provide advice on how to deal with subject access requests, employee related data protection issues and how to respond to a data breach.
Redundancies are not always inevitable. Often the same result may be achieved by restructuring the business offering flexible working options to employees, such as reduced hours, compressed hours, job sharing and home working.
Where redundancies are inevitable, a failure to warn employees, consult with them (or their representatives in the case of collective redundancies), treat them fairly and look for ways of minimising the impact, may result in claims for unfair dismissal and/or discrimination.
Employees who are selected for redundancy will need to receive the correct notice pay and other contractual and statutory entitlements including statutory redundancy pay.
Taking legal advice on these matters at an early stage will ensure that you are guided through the process with the support of our employment lawyers. This will in turn reduce the risk of costly Tribunal claims.
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