Compensation limits in Employment and Discrimination Tribunal claims in Jersey could be raised after ministers were asked to increase existing caps by a cross-industry consultative body.
If approved and enacted, the changes recommended by the Jersey Employment Forum could see the maximum awards for unfair dismissal, discrimination-related claims, statutory and contractual breaches all increased.
The recommendation to Social Security Minister Lyndsay Feltham by the Jersey Employment Forum – a consultative body of employment law experts and representatives of employers and employees – came after the forum was asked by the previous minister to review and consult on compensation levels.
The four main recommendations of the forum were:
- The compensation for unfair dismissal (currently calculated on a sliding scale from 4 to 26 weeks' pay) should range from 4 weeks' pay for employees with one year's service to 36 weeks' pay for employees with fifteen years' service or more. In addition the employment tribunal should have a discretion to award an uplift in award of up to 25% where the employers conduct has been particularly bad.
- The limit on compensation for discrimination claims (currently capped at £10,000, with a maximum award of £5,000 for hurt and distress) should be replaced with a cap of whichever is greater of £50,000 or 52 weeks' pay, of which up to £30,000 may be awarded for hurt and distress.
- The cap for a breach of statutory rights to be increased from 4 weeks' to 8 weeks' pay.
- The jurisdictional limit in respect of a contractual breach in the employment tribunal to rise from £10,000 to £30,000.
The full report can be found here.
Location: Jersey
Related Services: Employment Law | Litigation & Dispute Resolution
