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Knowledge

The 2024 end of year wrap up: Channel Islands employment edition

13 January 2025

Introduction

Workplace legislation continues to develop at pace in the Channel Islands – 2024 saw the first phase of Guernsey's anti-discrimination legislation introduced, and changes to minimum wage, flexible working and redundancy payments in Jersey.

The pipeline for 2025 is, if anything, more ambitious: secondary pension schemes, the gender pay gap and whistleblowing legislation are all likely to be hot topics, in addition to keeping a close eye on developments in the UK as the Labour government works to reform various elements of employment law.

Below is a review of key developments from 2024 from the Bedell Cristin employment law team, and a look ahead to the likely key topics and milestones in 2025.

Key developments in Guernsey employment law

  • Discrimination - In late 2023, Phase 1 of Guernsey's anti-discrimination legislation was introduced, prohibiting discrimination on the grounds of disability, carer status, race, religion and belief, and sexuality. This is a developing area of the law, with the States of Guernsey requesting feedback on the law in its current form. Phase 2, which we anticipate may introduce 'age' as a protected ground, is due to be introduced in 2025 (or 2026). More information on the current anti-discrimination legislation can be found here
  • Minimum wage increase - In October 2024, the prescribed minimum wage for adult employees (i.e. aged 18 and over) increased to £12 per hour, with that for under-18s (i.e. 16- and 17-year-olds) increasing to £10.80. More information can be found here.
  • Offset - The statutory maximum figure which can be 'offset' for accommodation, or accommodation and food, provided by an employer has also been increased: accommodation offset against wages was set at £109.00 per week and accommodation and food offset against wages was set at £152.00 per week. The 'offsets' allow a notional amount to count towards an employee's minimum wage pay. More information can be found here.
  • Feedback on Discrimination Ordinance - Employment & Social Security is inviting feedback on the Prevention of Discrimination (Guernsey) Ordinance, 2022 and associated services. Anyone wishing to provide feedback is invited to email equality@gov.gg by midday on Monday, 20 January 2025.

Key developments in Jersey employment law

  • Scrappage of trainee wage - At the start of 2024, trainee wages were scrapped. Instead, the minimum wage now applies to all employees, regardless of whether they're a trainee or not.
  • Increase in minimum wage - The minimum wage is currently set at £11.64 an hour with further increases to occur in 2025. For an employee working 35 hours a week, this equates to £407.40 a week and £21,184.80 a year.
  • Bereavement leave - There is now a day one statutory entitlement to two weeks of unpaid bereavement leave in the event of the death of a child. More information can be found here.
  • Flexible working requests - Article 15A(5) of the Employment (Jersey) Law 2003 was amended to enable an employee to make two applications to request a change in their terms and conditions of employment in any 12-month period.
  • Compensation limits - In June 2024, the Jersey Employment Forum released recommendations for an increase in compensation awards by the Employment and Discrimination Tribunal. Full details can be found here. These recommendations were accepted by the Social Security Minister and a proposition has been lodged with the States Assembly for debate on 21 January 2025. 
  • Increase in redundancy cap - Effective from 24 September 2024, the statutory redundancy payment cap increased to £1,000.00 per week for each full year of service.
  • Covert recording and without prejudice communication - On 21 November 2024, the Jersey Employment and Discrimination Tribunal reiterated their position in relation to covert recording and without prejudice communications. The full Judgment can be found here.

Employment trends from around the world

In the UK a series of pro-employee trends emerged with:

  • the introduction of the Employment Rights Bill - information as to how this could affect Channel Islands employers can be found here;
  • a new preventative duty on sexual harassment in the workplace - more details can be found here;
  • the issuance of a record-breaking compensation award of approximately £4.6 million in respect of claims for disability discrimination, harassment and dismissal - more information here; and
  • the Employment Tribunal issued guidance on how to handle workplace stress, disability and discrimination claims - full details here.

In July 2024, and in response to staff shortages, Greece introduced new legislation to allow a six-day working week for industries that operate on a 24-hour basis. The new legislation allows employees to work up to 48 hours in a week as opposed to 40. Such a working arrangement is optional for workers, with those choosing to opt in getting paid an extra 40% for any overtime carried out. 

The right to disconnect emerged in France following a decision on 2 October 2001 of the Labour Chamber of the French Supreme Court.  This right enables an employee to refuse work and/or to disengage from workplace communication of any sort outside of their contractual hours. To bring work-life balance into this digital era the right to disconnect is slowly gaining worldwide recognition, with countries such as Germany, Italy, Slovakia, Belgium, Portugal, Ireland and Canada introducing either voluntary codes of practice and/or statutes to bring this right into effect. Australia followed in 2024. In the UK there is currently no specific legal right to disconnect, although proposals have been made for its introduction. 

The Bedell Cristin employment team

Two employment law specialists joined Bedell Cristin's pan-Channel Islands employment team in 2024: Marianne Russell, our new Head of Employment, and Associate Devon Jenkins. The pair have a combined ten years' experience in the Channel Islands market, as well as a further ten years working onshore, having both worked in private practice with international law firms and in senior in-house roles.

Key dates for 2025

Jersey Guernsey
21 January Debate on the proposed increase in compensation awards by the Employment and Discrimination Tribunal. 1 January* Deadline for employers with between six and 10 Designated Employees to enrol into a pension scheme. A Designated Employee is an employee aged between 16 and State pension age who is likely to earn more than the lower earnings limit each year for social security contributions.
    20 January Deadline for comments on the Prevention of Discrimination (Guernsey) Ordinance, 2022
February / March

Bedell Cristin employment seminars across Guernsey and Jersey. 

Details will be provided shortly.

1 April Jersey's minimum wage increases to £13 per hour. 1 July* Deadline for employers with between two and five Designated Employees to enrol into a pension scheme.

September

Jersey's statutory redundancy cap will increase.  This figure is based on the mean average earnings of Jersey employees in June of the relevant calendar year.  

1 October*

Deadline for employers with one Designated Employee to enrol into a pension scheme.

Date unknown

The following issues are predicted to be topical in 2025:

- whistleblowing;

- secondary pension regime;

- living wage; and

- gender pay gap reporting.

Date unknown

The following issues are predicted to be topical in 2025:

- whistleblowing;

- secondary pension regime;

- living wage; and

- introduction of 'age' as a protected ground under existing anti-discrimination legislation.


*An employer may defer the enrolment of an employee for up to three months provided they have given written notice in advance to the Designated Employee. Such notice must also provide information of when the Designated Employee will be enrolled in the scheme.

 

Locations: Guernsey | Jersey

Related Service: Employment Law

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