Unfair dismissal legal changes

Wednesday 23rd September 2009, 3:00PM BST.

Solicitor Jackie Harris

EMPLOYEES who, in the judgment of an employment tribunal, have been unfairly dismissed will in future qualify for reinstatement or re-engagement as well as damages payable by the employer.

From the beginning of October, when an amendment to the Island’s Employment Law comes into effect, a tribunal may order an employee to be reinstated in his or her former job.

If such an order is made, the employer must treat the employee as if dismissal had not occurred. In addition, any benefits other than pay which have accrued during the gap in employment must be restored.

Solicitor Jackie Harris of Le Gallais & Luce, who specialises in employment and property law, said that prudent employers should familiarise themselves with the terms of the new amendment.

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1
Rob Roy

September 23, 2009 at 3:36 pm

Excellent, our employment laws are probably only a quarter of a century behind the UK now.

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2
gino risoli

September 24, 2009 at 9:05 pm

this is a very bad decision. if the tribunal finds against the employee what correction action does it propose, will costs be awarded against the employee. how can one think that re-instatement would be good for either party. this legislation is one step to far.

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