Guernsey Hotels | Guernsey information Employment Protection (Guernsey) Law

Employment Protection (Guernsey) Law

Le Lorier
&
La Houguette
Hotel Apartments

Executive Accommodation

La Pointe Farm, Rue du Lorier, St Pierre du Bois, Guernsey. GY7 9JU
Tel 07781 434752 Fax 01481 268217 Email res@lelorier.com

The one and only establishment in Guernsey offering nightly terms on five star accommodation
Why settle for a hotel room when you can have a whole suite for your stay in Guernsey

	Hotel Apartments 'Le Lorier' & 'La Hougette' have been awarded the coveted 'five star' grade which is a guarantee of 1st class accommodation, and we are the only establishment in Guernsey that will offer five star accommodation on a nightly basis
Apartment 'Le Lorier' is on the first floor, please click here for a full description Apartment 'La Hougette' is on the ground floor, please click here for a full description	The hotel apartments are situated in the countryside parish of St Pierre du Bois, offering pleasant walks through country lanes that surround us, yet within five minutes drive you will find restaurants, bars, cinema etc. etc. And only twenty minutes drive to St Peter Port, the islands main town and financial district.
Our aim is to offer the visiting business executive an alternative to the normal hotel room/suite, more a home from home, with all the facilities one would be used too - Guernsey Hotels

For our tariff please click here

Guernsey Hotels

Adjudicators are independent lay people appointed under the Employment Protection (Guernsey) Law, 1998 to hear and determine claims of:

Unfair Dismissal; or

Failure to be provided, on request, with a written statement of reason(s) for dismissal, or if reasons have been provided, where the applicant considers these reasons to be inadequate or untrue; or

Having suffered / suffering a detriment for refusing, or proposing to refuse, to work in or about a shop on a Sunday

There are currently two part-time Secretaries to the Adjudicators who provide administrative support for the Adjudicators and for the Adjudication process.

General Provisions

The Law currently provides that every employee shall have a right not to be unfairly dismissed. This right applies if the employee was continuously employed (with the same employer) for a period of two years or more (the Qualifying Period) ending with the “effective date of termination” (see below for further information). However, the two-year qualifying period does not apply to dismissals made on the following grounds (known as automatically unfair reasons):

Assertion of a Statutory Right; or

For a reason connected to Health & Safety; or

For a reason connected to the pregnancy of the Applicant; or

For a reason connected to membership or non-membership of a Trades Union or

Because an employee who is a protected shop worker, was dismissed for refusing (or proposing to refuse) to work on Sundays or a particular Sunday – see Advisory booklet “The Requirements of the Employment Protection (Sunday Shop Working) (Guernsey) Law, 2001.

For more details about these exceptions, plus the other general provisions, which apply, please see Advisory Booklet “The Requirements of the Employment Protection (Guernsey) Law, 1998.

Advice is available on:

Types of Complaint

Unfair Dismissal;

Failure to be provided, on request, with a written statement of reason(s) for dismissal or if reasons have been provided, where the Applicant considers these to be inadequate or untrue;

Having suffered / suffering a detriment for refusing, or proposing to refuse, to work in or about a shop on a Sunday

How to submit / respond to a complaint

The forms, which go with these booklets may be downloaded from the link at the top right of this page, are:

Application Form (Emprot 1)

Response Form (Emprot 2)

The Process

Providing the Applicant fulfils the qualifying period in order to submit a claim and providing that any such claim is submitted within the required time limits, the claim should be sent to:

The Secretary to the Adjudicators
Commerce & Employment
Raymond Falla House
P.O. Box 459
Longue Rue
St Martin’s
Guernsey
GY1 6AF

Once completed, an Application should reach the Secretary to the Adjudicators within a period of one month beginning with the effective date of termination of the employment.

Note: The effective date of termination means:

the date on which termination takes effect (where no notice has been given);
the date on which the notice expires (where notice has been given); or
in the case of a fixed-term contract, the date on which that term expires without being renewed under the same contract.

Once received, the claim will be acknowledged, a copy sent to the Respondent (Employer) asking for a response, a further copy will be sent to a Conciliation Officer.

When the Respondent has submitted the response, this will be acknowledged, a copy sent to the Applicant (Employee / former Employee) and a further copy sent to the Conciliation Officer. The Conciliation Officer will at this stage contact both parties individually to offer Conciliation, as required by law.

If the conciliation process is successful and a conciliated settlement is reached between the parties, then the case is closed and no further action is taken.

If one / both parties are unwilling to take part in Conciliation or if the conciliation process fails to reach a settlement between the parties, an Adjudicator is appointed to hear and determine the outcome of the claim at a formal Hearing.

The option to conciliate remains open to the parties throughout the process right through to the Hearing.

After the Hearing, the Adjudicator will provide a written decision, giving reasons for his / her decision.

If an Applicant is successful in his / her claim, the Adjudicator will make an award equivalent to the Applicant’s gross earnings for the last three months of his / her employment with the Respondent (if monthly paid) or for the last thirteen weeks (if weekly paid).

An Adjudicators decision may be appealed to the Royal Court, on a point of law only. (See: The Employment Protection (Appeals and References) Order, 1999). copies may be obtained from the Greffe.

For more information about the process, please call the Secretaries to the Adjudicators at Commerce and Employment on 01481 234567.

For advice about any employment issues please call an Industrial Relations Advisory Officer at Commerce and Employment on 01481 234567

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