Employment & Immigration, Ogier updates

Cayman Islands

Contributed by Ogier
Q&A: earning residency through business investment
  • Cayman Islands
  • 21 October 2020

The Cayman Islands has two residency by business investment programmes: the Certificate of Direct Investment and the Residency Certificate (Substantial Business Presence). This Q&A provides insight into each programme, including whether applicants can eventually apply for a Cayman passport, how many applicants typically apply for residency and the associated costs.


Guernsey

Contributed by Ogier
Expanded powers for Employment and Discrimination Tribunal
  • Guernsey
  • 18 November 2020

The Employment and Tribunal (Guernsey) Order 2020 enhances the tribunal's powers to dismiss or strike out complaints without merit. This is fantastic news for both employers and employees with valid defences or claims facing unnecessarily difficult opponents. The tribunal's powers are now significantly increased to be able to dismiss unmeritorious claims at the outset and bring cases to an end at any stage of proceedings where the conduct of either side becomes unacceptable.

COVID-19: government financial support for employers
  • Guernsey
  • 17 June 2020

This article outlines the financial support available to employers in Guernsey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes the payroll co-funding scheme, grants for small businesses and the self-employed, the Hardship Fund and deferrals of social security.

Often overlooked competition law aspects of restrictive covenants in contracts
  • Guernsey
  • 19 June 2019

The perennial conversations around restrictive covenants in employment contracts and service contracts of a similar nature are familiar. Employers want maximum restriction on employees who leave but must be careful not to overstep the mark as covenants which are unduly restrictive risk being struck out by the courts.

Harvey Weinstein and you: what employers should be doing about sexual harassment
  • Guernsey
  • 07 March 2018

What started with complaints against an Oscar-winning film producer has led to a movement that has toppled government ministers and reduced much-loved figures from the entertainment world to pariahs. Although Guernsey may feel far away from Hollywood or Westminster, the issue of sexual harassment is just as real. So what should an employer do to protect its employees and its business from harassment?


Jersey

Contributed by Ogier
Proposed annual leave increase and daily rest breaks for employees
  • Jersey
  • 28 April 2021

From January 2022, additional employment rights are expected to be introduced for employees in Jersey. The proposals would require employers to provide at least three weeks' paid annual leave and a 15-minute rest break in any work period of six hours or more. Jersey's Employment Forum presented a report to the social security minister following public consultation in late 2019 and early 2020, which made a number of recommendations.

First COVID-19-related employment tribunal judgment
  • Jersey
  • 20 January 2021

A recent Jersey Employment and Discrimination Tribunal judgment is believed to be the first employment decision relating to the restrictions imposed on businesses due to COVID-19. Although the claimant was unsuccessful in his claim, the tribunal chair expressed sympathy, saying that he was the victim of an unreasonable and unsustainable interpretation by the respondent of a clear and plain term in the government's COVID-19 payroll co-funding scheme.

COVID-19: government financial support for employers
  • Jersey
  • 08 July 2020

This article outlines the financial support available to employers in Jersey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes the payroll co-funding scheme and the deferral of social security contributions.

Disability to be a protected characteristic under Jersey discrimination law
  • Jersey
  • 23 May 2018

Effective from September 1 2018, the Discrimination (Jersey) Law 2013 will be amended to include disability as a protected characteristic. The amending regulations will give individuals the right to complain to the Employment and Discrimination Tribunal when they believe that they have experienced discrimination. While many employers and groups will be familiar with the way that the regulations work, they should be taking steps to ensure that they are compliant ahead of the implementation date.

Can I enforce a dress code at work?
  • Jersey
  • 21 February 2018

Employers can enforce dress codes only within the confines of the discrimination law. For example, a requirement for a female receptionist to wear high heels is illegitimate since no equivalent requirement is placed on male employees. Employers that want to enforce a dress code should consider the discrimination law and whether their proposals meet it. A recent Jersey case illustrates how this works.


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