Jersey Employment and Discrimination Tribunal. Making a complaint under the Employment (Jersey) Law 2003

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1 Jersey Employment and Discrimination Tribunal Making a complaint under the Employment (Jersey) Law 2003 Please read this leaflet if you are considering making a complaint about your employment to the Jersey Employment and Discrimination Tribunal (the Tribunal). It gives information about what you must do before you make a complaint and gives guidance on completing the correct form and sending it to the Tribunal office. For the sake of convenience in this leaflet he includes she and his includes her. You must use the application form JET1 to make a complaint under the Employment (Jersey) Law 2003 (the Employment Law). However if your complaint concerns the right to time off for ante-natal care or maternity, adoption or parental leave, you must complete form JET1-FF. Please note that a copy of your application form will be sent to the person or organisation against whom the complaint is made (the Respondent). We will also send a copy to the Jersey Advisory and Conciliation Service (JACS) unless both parties tell us not to do so. You should be aware that should the Respondent request the involvement of JACS in the dispute, a copy of the application form will be sent to that service even if you have requested otherwise. What the Tribunal does. The Tribunal hears complaints about matters arising under the Employment Law and also the Discrimination (Jersey) Law The Tribunal is like a court but it is not as formal, for example, nobody wears a wig or gown. However, like a court it must act independently and cannot give legal advice. Almost all hearings are open to the public. 1 Making a Complaint/Emp/2015/JET1

2 Further information. The Tribunal staff can answer general enquiries, give information about Tribunal publications and explain how the Tribunal system works. They may be able to help you complete the form but they cannot give legal advice, such as advising you whether your complaint is likely to be successful. You should forward your completed application form to: The Registrar Either by post or personal delivery to: The Jersey Employment and Discrimination Tribunal 1st Floor Trinity House Bath Street St Helier JE2 4ST Or by to: Or by fax to: (01534) Website: Telephone: (01534) The office is open to the public between 9.30 am and 4.00 pm each day. Further help and advice. You do not need to be represented by a lawyer or any other party to appear before the Tribunal. If you are not sure that your complaint is one that the Tribunal can deal with you can get help and advice from: the Jersey Advisory and Conciliation Service (JACS) on Their website is: your trade union, staff or professional association, if you are a member; the Citizens Advice Bureau (CAB). Telephone: or Freephone: Their website is: Lawyers and other professional advisers may be able to help you prepare your case. Please note: the Jersey legal aid scheme does not pay for employment or discrimination law advice or representation. 2 Making a Complaint/Emp/2015/JET1

3 You do not have to take advice before you make a complaint to the Tribunal. However, you may feel it is helpful to do so. It may be useful to look at previous decisions of the Tribunal in cases similar to yours at Information needed before a complaint can be accepted. Your complaint cannot be accepted unless it meets certain conditions. For example, it cannot be accepted if you have not filled in one or more sections on the application form where information is required. Certain provisions in the Employment Law may also prohibit your complaint from being accepted, for example, if it is out of time. If you are an employer making a claim against an employee, please contact the Registrar to the Tribunal to obtain the correct application form. How soon must I make my complaint to the Tribunal? Certain complaints, including those of unfair dismissal, claims for redundancy payments and for ante-natal, maternity, adoption and parental leave, must be made to the Tribunal within very strict time limits. This date is important and you may wish to contact the Registrar to the Tribunal, JACS or CAB to verify the date if you have any doubts. If your complaint is received outside the time limit, the Tribunal will probably not be able to consider it unless there are exceptional reasons for the delay. For example, you may have been in hospital for the period when you should have made your complaint. Filing your complaint. You may file your completed application form with the Tribunal office in any of the ways described at page 2. You should keep a copy of your application form for your records. It is your responsibility to ensure that the Tribunal office receives your complaint within the relevant time limit. If you or fax your form to us do not post a copy to us. There are no fees payable to the Tribunal on filing your complaint or in relation to hearing your complaint. 3 Making a Complaint/Emp/2015/JET1

4 What happens when I send in my application form? If your complaint is prohibited under the Employment Law or if you have not given all the necessary information we will return your form to you with a letter telling you the reason why your complaint has not been accepted and what action you should take. When your complaint is accepted we will send a copy of it to the Respondent together with a form for their response (JET2). The Respondent will be required to file its response within the next 21 days. Conciliation and Mediation. Unless both parties expressly specify otherwise JACS will be provided with a copy of the application form and the response form. Both the Applicant and the Respondent/s can use the services of JACS until the matter is resolved. The Tribunal proceedings will continue to be processed and a hearing date will be fixed whilst the conciliation process takes place. JACS will always endeavour to reach an agreed settlement between the parties. There is no time limit placed on the process and JACS do not charge for this service. If you do not reach a settlement, the complaint will be heard by the Tribunal at a scheduled hearing. What happens while I am waiting for the case to be heard. Once we have received your response there may be some issues which need to be dealt with before the complaint can be decided. For example, the disclosure of documents by the other party may be required or information in relation to the claim may need to be clarified. In order to get the case ready for a full hearing a Case Management Meeting will be held at an early stage. Case Management Meetings will be conducted by the case Chairman on her own and you and the Applicant will be invited to take part. At a Case Management Meeting the case Chairman will give Directions or Orders on issues and other matters relating to the case, which you must follow. The Tribunal may also hold an Interim Hearing to decide upon any preliminary issues of law relevant to the complaint which must be decided before the full hearing can take place. The Tribunal will issue a Decision following an Interim Hearing which will have a bearing upon the future conduct of the case. The case Chairman may also issue Directions and Orders at an Interim Hearing. It is possible that more than one Case Management Meeting and/or Interim Hearing will be held before the full hearing of a complaint. 4 Making a Complaint/Emp/2015/JET1

5 A Tribunal Chairman may also issue written Directions and Orders concerning the due conduct of a case without convening a Case Management Meeting based upon the written representations of the parties. These Meetings and Hearings will be conducted even if conciliation of the claim is still ongoing. When will the complaint be heard? We will write to you and the Respondent/s to tell you when the hearing will take place. With this letter, we will send you a leaflet called, A User s Guide which will help you prepare. Correspondence. We will allocate a case number and this should be quoted every time you contact us. We will send a copy of your application form and any other documents or letters you send us to the Respondent, if appropriate. We will send you copies of all the documents the Respondent sends to us, if appropriate. We will send you and the Respondent/s any decision the Tribunal makes. You must let us know immediately if your contact details change. If you have a representative (a person you ask to act on your behalf), we will send all correspondence about your case to them and not to you. And, you must pass any further requests for information through them and not straight to us. It is your representative s responsibility to keep you informed. Do I have to pay the Respondent s costs? No. The Tribunal does not make Orders for costs: each party must bear their own costs. If you receive any threats from the Respondent or their representative regarding payment of their costs or otherwise, you should inform the Registrar straight away. Disability or particular requirements. If you or anyone coming to the Tribunal with you has a disability or a particular need, including the use of an interpreter, you should contact the Registrar immediately to discuss the matter so that suitable arrangements can be made. Please contact us as soon as possible, so we can help you. No charge is made for an interpreter s services. 5 Making a Complaint/Emp/2015/JET1

6 Access to information. You have a right to access certain information held about you. Please put any request in writing to the Registrar at the address given on page 2. Completing Form JET1 We have designed these guidance notes to assist you, however, they do not give a full statement of the law. If you are also completing a form JET1-FF we have prepared a separate guidance note for your assistance. Make sure you give us all the information required before we can accept your complaint. You may find the instructions below helpful. The numbering below follows that on Form JET1. 1. Your details 1.1 Tick the relevant title to show whether you want to be referred to as Mr, Mrs, Miss, Ms or Mx. If none of these is correct, put your title in the space after Other Give your first name or names Give your surname or family name in CAPITAL letters. 1.4 State your date of birth 1.5 Give your full address, including house name or number, road, parish and postcode. You do not need to answer 1.6 or 1.7 if you have appointed a representative (see section 12). 1.6 Provide us a phone number including the full dialling code, if relevant, where we can contact you during normal working hours. 1.7 Please provide your address. 2. Employer s details 2.1 Give the name of the person or organisation you are complaining about (the Respondent). 2.2 Give the employer s full address and postcode Set out the employer s address and telephone number here. 2.4 Give the full address and postcode of the place where you worked, or applied to work, if this is different from the employer s address given at 2.2. Please say if you worked from home, as we will treat your home address as your workplace 2.5 If your complaint is against more than one employer, please set out their contact details here. 6 Making a Complaint/Emp/2015/JET1

7 3. Action before making a claim 3.1. Please tick the appropriate box to say whether or not you are, or were, an employee of the employer (or one of them, if there is more than one). In most cases, this should be a straightforward question to answer Please answer this question only if you have said, in answer to question 3.1, that you are not, or were not, an employee of the employer. If you are, or were, so engaged please now go straight to section 4. If you are not, please now go straight to section If you were employed by the employer, please tick the appropriate box to say whether or not your complaint, or part of your complaint, is about a dismissal. If your complaint, or part of your complaint, is about a constructive dismissal (that is when you resigned because of something your employer did or failed to do which made you feel you could no longer continue to work for him) please tick No and go straight to section Please tick the box if you have been issued with a zero hours contract of employment (even if you do not agree that is a zero hours contract). 3.5 Please tell us whether you are also making a complaint concerning a failure to provide ante-natal, maternity, adoption or parental leave on a form JET1-FF, or making a claim under the Discrimination (Jersey) Law Employment details 4.1 If your complaint is against your employer or ex-employer, please indicate if your employment is continuing and then give the date when your employment started and, if it applies, the date when it ended or will end. Use day/month/year format (for example 08/03/1995). If you have had a break in the course of your employment, for example for maternity leave, please state the period of such break and the purpose of it. 4.2 Please say what job you do or did for your employer and give your job title if you have or had one. 4.3 Please give the basic number of hours you work or worked each week do not include overtime even if you work or worked it regularly. 4.4 Give details of your gross weekly pay in the box provided below. If you are unsure please make clear whether the figures stated are for each hour, each week or each month that your work/worked. 4.5 If your employment has ended, please tick the appropriate box to say if you either worked or were paid for a period of notice. If so, please tell us in section how long you worked or were paid for. 7 Making a Complaint/Emp/2015/JET1

8 5. Unfair dismissal or constructive dismissal You only need to complete this section if you are complaining about being unfairly dismissed by the employer or if you have resigned because of something your employer did or failed to do which made you feel you could no longer continue to work for them (this is known as constructive dismissal). 5.1 Please use the box provided to explain briefly why you think you were unfairly dismissed and give any other information you think would be helpful to us. If you disagree with the reason the employer gave for dismissing you, please say what you think the reason was. You should describe the events which led up to your dismissal and describe how the dismissal took place, including dates, times and the people involved. If you are claiming that the employer s actions led you to resign and leave your job (constructive dismissal), please explain the circumstances surrounding this decision in this section. 5.2 Please indicate how much compensation you are claiming in respect of your complaint of unfair dismissal or constructive unfair dismissal. 5.3 If you would like to be re-employed by your former employer, please indicate here that you would like the Tribunal to consider this matter and briefly state the reasons for your application. 6. Flexible working conditions If your complaint concerns a failed request for flexible working conditions, then you must complete this section. 6.1 You must state here the date that your employer notified you of the outcome of any appeal that you made against your employer s decision or failed to hold a meeting to discuss your request, hear your appeal or record any notice or agreement in the process in writing. 6.2 You should use this space to give us any other information that you believe to be relevant to your claim. 7. Detrimental Action You should complete this section if you believe that your employer has acted detrimentally towards you because of an action which you took, or proposed to take, with a view to enforcing or securing the benefit of a right under the Employment Law. 8 Making a Complaint/Emp/2015/JET1

9 7.1 Describe here the action you took or proposed to take in order to enforce or otherwise secure the benefit of a right. Also, specify the right you wanted to secure. 7.2 Here, briefly describe the subsequent act, or deliberate failure to act, by your employer and include the dates. 7.3 Use this space to give any other information relevant to your claim. 8. Other payments you are owed You only need to complete this section if you are complaining that the employer owes you money. 8.1 Please tick the appropriate box (or boxes) to show what money you think is owed to you. Say whether you are complaining about the minimum wage, outstanding unpaid wages, holiday, payment for a period of notice or some other payment. Other unpaid amounts could include unpaid expenses, commission or a bonus or a claim for breach of the terms of your contract of employment. 8.2 Tell us how much you are claiming and why you believe you are entitled to this payment, setting out full details such as the period the payment covers and the rate of pay. If you have specified an amount, please say how you worked this out. If you are claiming more than one type of payment, please give the amounts you are claiming for each type of payment and explain how you worked out each amount. 9. Redundancy You only need to complete this section if you are complaining about being made redundant by your employer. 9.1 State here the date that your employment was terminated by reason of redundancy: this will be the last day that you worked or expected to work. 9.2 If you are making a claim for a redundancy payment more than 6 months from the date of termination of your employment, state here the reason for your late application to the Tribunal and any other relevant circumstances that should be taken into account by the Tribunal in reaching its decision. 9.3 Here give details of any redundancy payment that your employer agreed to pay you. 9.4 Please attach copies of any letters you have sent to your employer requesting a redundancy payment. 9.5 If you have made claim for redundancy pay as part of the Insolvency Benefit Scheme operated by the Social Security Department, set out the details of that claim here including dates of insolvency and amounts claimed. 9 Making a Complaint/Emp/2015/JET1

10 9.6 Any award of a redundancy payment by the Tribunal will be calculated by reference to your years of service and final rate of weekly pay (subject to a statutory maximum). Please supply this information here. 9.7 You should set out any grounds on which you believe a Protective Award should be made here. Note: A claim for a Protective Award can only be made by the appropriate employee representative collectively on behalf of the affected employees, unless there is no such representative. 9.8 Please provide here any details of any complaint of unfair dismissal that you have already made in respect of your redundancy so that the Tribunal may link the claims. 9.9 Give details here of any offers of alternative work that your employer made to you following or arising out of your redundancy from your previous job Please supply details here of any complaints concerning your employer s failure to give you sufficient time off work to look for alternative employment or to arrange training for future employment. 10. Other complaints 10.1 You only need to fill in this section if your claim is not covered by any of the earlier questions relating to unfair or constructive dismissal, or other outstanding payments. These might include issues relating to your written statement of particulars, rest periods or annual leave, pay statements, your right to allow a representative to attend a formal disciplinary or grievance hearing and any detrimental treatment of employee representatives in collective redundancy situations. If you do have other complaints please explain the events leading up to your claim and explain the nature of your complaint. Please include any relevant dates. You may also include information about claims for breach of your contract of employment here. 11. Other information Please do not send a covering letter with your application form. You should give us any extra information that you want to tell us on the form, using extra sheets as necessary. If you have any particular needs (for example, because of a disability) please give details here so we can help you. Alternatively, you may want to give an explanation of why your claim is out of time or to let us know that internal grievance or dismissal and disciplinary procedures have not yet been completed. 10 Making a Complaint/Emp/2015/JET1

11 12. Your representative You only need to complete this section if you have appointed a representative. A person you ask to act on your behalf is known as your representative. We will deal only with your representative if you appoint one we will not deal directly with you. Please do not give the name of a representative unless that person has agreed to act for you. Do not give the name of a person or organisation who is only giving you advice on filling in this form If you know the name of the person representing you, give it here. If you don t know it, leave this section blank Give the full name of the representative s organisation (for example, your trade union, firm of lawyers or the Citizens Advice Bureau) Give the full address and postcode of the representative s organisation Give the representative s phone number including the full dialling code and address (12.5) 12.6 Give the reference number your representative has given to your case (if you know it). NOTE: If you are providing information on separate sheets for any of the questions, please identify the question you are answering on the top of each separate sheet and attach them all to the form. NEXT STEPS: 1. Please sign and date the application form and file it in the any of the ways stated on page 2 of this leaflet. 2. If you have appointed a representative he may sign the form for you. 3. Complete the Checklist at the end of the form. 4. Make sure you keep a copy of the application form and any separate sheets you are sending to us. 5. Ensure the application form is being filed within the time limits set by the Law. 11 Making a Complaint/Emp/2015/JET1

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