According to an employment law specialist, Jersey has a ‘very strong culture of compromise agreements’ which potentially deny employees access to the legal system, but also mean that neither the employer nor employee are implicated in a public tribunal case.
Speaking at a lunchtime talk on bullying in the workplace, organised by the Jersey Consumer Council, Advocate Jean-Marie Renouf said that under both the Jersey Employment Law and Discrimination Law employers had a duty of care to look after the wellbeing of their staff. ‘Bullying may not be the fault of the employer, but if someone is being bullied and the employer does not deal with it, the employee might consider themselves to be unfairly dismissed,’ he said.
If a case of constructive dismissal was successful, an employee who had worked for the employer for five years or more could expect to be awarded six months of wages, tax free, plus notice period, holiday pay and any other benefits. ‘It could equate to up to ten or 11 months of income,’ said Advocate Renouf.
‘The employer does not want that – there is a very strong culture here of compromise agreements, employers paying off employees. Some see it as a form of tax.
‘It can be a very good thing, if it means that you get every penny you would get if you won a tribunal case, and it will not take a year of your life,’ he said, adding that an employer would be prepared to pay for the employee to obtain legal advice.
Advocate Renouf advised any employee to raise their concerns, either with their line manager or boss, or failing that the Jersey Advisory and Conciliation Service, or a lawyer. ‘Employers should have policies in place and make it very clear to all staff that bullying will not be tolerated, and when a complaint is made, thoroughly investigate and make changes in the workplace,’ he said.
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