Unfair dismissal claims up because bosses aren’t listening - lawyer

Tuesday 06 May 2014

More workers than ever are claiming compensation for unfair dismissal, with three claims being made every week last year.

Figures released by the Employment Tribunal have revealed that 204 claims – the vast majority of which were for unfair dismissal - were received last year, and that of the 133 that had been resolved by the end of December, 84 were settled between the claimant and the former employer.

Of the six that went to a full hearing, three were won by claimants and three by their former bosses.

Employment lawyer Colette Hunt from Collas Crill says that almost a decade since the Employment Tribunal was set up, businesses are still making mistakes over the Employment Law, and are not seeking advice over issues and do not have the right policies on the books.

She said: "While the high number of unfair dismissal claims may reflect the tough economic times we are still experiencing, particularly with so many people being made redundant towards the end of 2012 and early 2013 (and some claims arising because some redundant employees questioned the fairness of the events that led up to their redundancy), it is also the case that ever more employees know to go and seek free advice from the Jersey Advisory and Conciliation Service about their entitlements.

“If employers seek advice – from an employment lawyer or JACS, for example - then it goes without saying that they should follow it.

“The Jersey Employment Tribunal has noted twice recently that the employer did not follow the advice that it had been given – presumably this was because they did not like hearing it and preferred instead to take a punt and see what happened before the Tribunal.”

Last year saw the second highest number of complaints in an annual period since 2006/07. Because it takes six months for a complaint to be heard by the tribunal, they’re expecting a busy year in 2014.