The Commerce and Employment Department provides a free and confidential service to help both employers and employees resolve differences between them concerning work issues.

The process by which these differences are resolved is called ‘conciliation’ and involves a fully trained member of the Department’s Industrial Relations Service.

Conciliation can be used in: -

Unfair Dismissal cases (The Employment Protection (Guernsey) Law, 1998); and

Individual Disputes (with the agreement of both parties).

Conciliation is the name of the process used to assist parties to reach an agreed solution on their own terms. Conciliation can be carried out by telephone, by meeting the employer and employee separately, in joint meetings, or any combination of these methods. Help will also be given to clarify any issues or facts, which may then assist the parties in reaching a settlement.

If, during the process, there is information that one of the parties does not wish to share with the other then, providing the conciliation officer is informed of this, the information will not be disclosed.

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The conciliation officer will also be able to explain the legal processes to you, and, if conciliation should fail, offer advice on any relevant laws and procedures for progressing the claim.

The conciliation officer will not take the side of either party to the dispute and remains impartial at all times; neither do they make decisions on the merits of the case or recommend the acceptance of any possible solution. It is up to the parties concerned to reach a final agreement on any proposed settlement.

The Department is required to offer conciliation to any employee who makes a complaint (usually this is a case of unfair dismissal) under the Employment Protection (Guernsey) Law, 1998 (as amended), prior to the case being referred to an Adjudicator for a legally binding decision. Please refer to advisory booklet ‘The Requirements of the Employment Protection (Guernsey) Law, 1998’ for more details.

Once the application and response forms are received, copies are sent to a conciliation officer at the Department, with a view to assisting both parties to reach a conciliated settlement without the need for a hearing. Either side may refuse conciliation.

If an agreement is reached, it will be committed to writing and will be signed by the parties and then countersigned by the conciliation officer. No further action may be taken under the Law in respect of the complaint.

Should conciliation fail, or one or both of the parties refuse conciliation, the complaint will be referred to an Adjudicator.

If you think you have been unfairly dismissed, (or have suffered a detriment for refusing to work on a Sunday, which is another complaint which can be made under this Law), you should contact the Industrial Relations staff who will be able to offer advice and guidance.

Conciliation is also an effective method of resolving disputes under the Industrial Disputes and Conditions of Employment (Guernsey) Law, 1993. This Law is primarily used by collective groups in dispute over their pay and conditions of employment, or where there is a risk of industrial action.

When a dispute is notified under the Law, the Industrial Disputes Officer (appointed by the States to resolve industrial disputes) will try to settle the dispute by giving advice and assistance, by offering conciliation, by arbitration (this method of resolution must be agreed by both parties) or by referring the dispute to an Industrial Tribunal (with the agreement of the parties).

When a dispute is notified under the Law, the Industrial Disputes Officer has six weeks to settle it, unless negotiations, conciliation or arbitration proceedings are in progress with a view to a settlement. If the dispute cannot be settled by the above

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methods, the Industrial Disputes Officer will refer the matter to a compulsory Industrial Tribunal for a legally binding settlement.

Whilst the above Law provides a formal, legal process for resolving disputes, some parties prefer to raise matters informally. Regardless of whether a dispute is notified under the Law, any collective group (or individual) can seek confidential, impartial advice and assistance from the Department’s trained conciliation officers who can also provide a conciliation service.

If an employee or employer is involved in an employment-related dispute (e.g. over sickness or holiday pay, or notice on termination) which does not fall under the scope of either of the above laws, a conciliation officer may be able to offer conciliation on a voluntary basis.

An individual employee or employer who has an employment problem may contact the Industrial Relations Service to request advice and possible conciliation. This may be by telephone or in person although, in order to ensure an officer is available, you are advised to telephone and book an appointment.

On receiving details of a dispute, and after discussion with the complainant, the conciliation officer will offer to contact the other party involved in the dispute to offer assistance in reaching a settlement. No contact will be made unless requested and, as the process of conciliation is voluntary, it may be declined by either party.

In an average year the Industrial Relations Staff at the Department deal with about 1,900 enquiries relating specifically to problems with employment.

Where conciliation is requested, a success rate of about 70% has been achieved.

Although conciliation does not guarantee a settlement, it is a very positive method of resolving disputes without the need to use a more formal process.

Contact the Industrial Relations Advisory Officers at the Commerce and Employment Department for free, confidential advice or further information.

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Advisory booklets are available on a wide range of industrial relations matters including local employment legislation and best practice guides on other employment- related subjects.

Booklets are available from the Industrial Relations Advisory Officers at the Commerce and Employment Department, Raymond Falla House, PO Box 459, Longue Rue, St Martin’s, Guernsey, GY1 6AF, telephone (01481) 234567, fax (01481) 235015, or email industrialrelations@commerce.gov.gg

Publications can also be found on the Department’s website: www.gov.gg/industrialrelations

The Industrial Relations Service at the Commerce and Employment Department also provides a free and confidential advisory service to both employers and employees on any employment-related matter.