
Some Jersey businesses have expressed concerns over proposed changes to the island's employment and discrimination laws, fearing they could face "unsustainable financial risk." A survey conducted by the Jersey Chamber of Commerce found that many businesses were worried about the potential for "malicious" tribunal claims and the rise in the maximum award for employment-related discrimination claims from £10,000 to £50,000.
The survey, which polled over 150 local businesses in just 24 hours last week, highlighted employers' concerns over increasing claims and spiralling costs. The Chamber also proposed that employees should pay a small deposit before making a claim, and that employers should be able to recover legal costs if a claim is found to be "malicious" or "without merit."
Deputy Lyndsay Feltham, Jersey's Social Security Minister, responded by stressing that the Chamber represented just one interest group. She pointed out that a "comprehensive consultation" had been conducted before drafting the proposals and stressed that the goal was to provide employees with greater protection and a fairer, more transparent process.
The proposed law changes include requiring businesses to provide written reasons for dismissals, raising the maximum award for unfair dismissal to £50,000 or 52 weeks' salary, anonymising judgments, and introducing a limited costs regime for "vexatious conduct." Feltham acknowledged the issue of malicious claims but said that existing ministerial powers could address this without adding it to the proposals.