Coming into operation on 1 November 2020, the Employment and
Tribunal (Guernsey) Order, 2020 enhances the powers of the tribunal
to dismiss or strike out complaints without merit.
Previous position
Prior to the new law, the tribunal was only able to refuse to
hear a complaint (filed on time and where the parties had
jurisdiction) under section 19 of the Employment Protection
(Guernsey) Law, 1998, if the complainant failed to provide
documentation requested by the tribunal, if the parties had entered
into a valid settlement agreement, or if the application appeared
frivolous or vexatious.
Dismissal of complaint or response (or part of either)
The new law allows for the tribunal to dismiss a complaint or
response at the outset if it considers that there is no reasonable
prospect of success. In practice the tribunal will send a notice to
the parties, ordering that the complaint or response be dismissed
by a specified date (at least one month from the date of
