More affordable legal advice could alleviate tribunal "burden"

Saturday 08 June 2024

More affordable legal advice would result in less people continuing with tribunal cases that have "little merit", according to a new report.

In the latest Jersey Employment and Discrimination Tribunal annual report, chair Dr Elena Moran analysed the work of the tribunal last year.

Dr Moran noted that the volume of claims submitted – a total of 23 – was similar to 2022 with 89 relating to unfair dismissal, 72, unpaid wages, 66 notice pay, 57 holiday pay, 39 non-provision of payslips and 37 non-provision of employment contracts.

Discrimination claims were up by five at 87 last year. 

Dr Moran said: "Claimants who feel aggrieved at their treatment but have an incomplete understanding of the law continue with cases that have little merit.

"This puts a huge burden on employers."

She noted that better access to cost-effective quality employment law advice could alleviate this burden and would also help support claimants with claims which had a prospect of success.

One case involved the tribunal in its first case of a complaint involving a claim of discrimination in education, prompting Dr Moran to comment that the lack of claims suggested parents were unaware that their jurisdiction extended to education provision.

Most unfair dismissal claims settled before a final hearing with only a small proportion of those continuing being ultimately successful. Only two out of eight unfair dismissal claims succeeded at a final hearing, while none involving constructive dismissal was successful.

Fewer claims were made last year for holiday pay – 57, down by 20 on 2022 – suggesting that employers had a better understanding around the bank holiday pay rules, the annual report suggests.

Claims for non-provision of payslips were also down, a feature of the year that Dr Moran described as "encouraging" although she also commented: "It still reflects a persistent pattern of unlawful behaviour by a small number of mainly smaller employers.

"The current deadline of six weeks from the end of employment to bring a claim is very short as tax and social security issues relating to non-provision of payslips can come to light months after employment has ended. This leaves employees with no effective remedy."