It’s all about the process: disciplinary procedures - .PDF file.
In Guernsey and Jersey there are currently no statutory provisions which dictate how a disciplinary procedure should be conducted. As a result, an employer may be excused for thinking that it can determine its own disciplinary process and execute it how it sees fit. However, as we explain below, this is an erroneous and dangerous view and could render an employer liable to legal proceedings.
Subject to various eligibility requirements linked to employment status and longevity of employment, employees in Guernsey and Jersey have a right to bring unfair dismissal claims under either The Employment Protection (Guernsey) Law, 1998, as amended or the Employment (Jersey) Law 2003 respectively (together, the Laws).
In such circumstances, to assess whether the dismissal was fair or unfair, the respective employment tribunals in either Island will consider a two limb test…
Click on the link below to read the rest of the Mourant Ozannes briefing.