If you are setting up in Guernsey, you need to know the legal requirements which affect you and your employees.  These requirements range in scope from the protection certain employees enjoy from unfair dismissal, anti-discrimination legislation, health and safety at work, restrictions on occupation of housing and immigration controls.

For an employer, the starting point is the need to ensure employees have a valid ‘right to work’ document, which is a document issued under the housing control legislation confirming that the employee is lawfully housed.  Employees can live in the open market relatively easily.  However, local market houses are more plentiful and are generally much cheaper.  We can advise you on the prospects of getting a housing licence for yourself or your employees.  In certain cases, an immigration permit may also be required.

Assuming your employee has their right to work and immigration documents, you need to be aware of Guernsey’s anti-discrimination legislation at all stages of employment, from the recruitment stage onwards.

You also need to ensure that employees have been given written information on the terms and conditions of their employment.  Guernsey has also introduced a minimum wage regime, which employers must comply with.

Many employees will have protection from unfair dismissal.  This is usually obtained after a year of continuous employment but there is no qualifying period in certain cases, e.g. where the dismissal is for a protected reason such as health and safety grounds or pregnancy. A dismissal will be unfair if it is not for a reason which the law recognises as being fair and/or a fair procedure is not adopted by you.

Guernsey employers also have duties to their employees in connection with the workplace.  Specifically, employers must take reasonable care to ensure that employees are not exposed to the risk of injury to their health or safety. Failure to do so could result in criminal prosecution or civil claims for personal injuries.

Detailed information on the relevant laws can be found on the websites of the Commerce and Employment and Housing Departments and the Guernsey Health and Safety Commission, which have lots of useful information.