Right Not To Be Unfairly Dismissed

Who Has the Right?

Generally speaking, an employee who works wholly or mainly in Guernsey and who has been continuously employed for at least one year has the right under Guernsey law not to be unfairly dismissed.

There are exceptions to the one year service requirement in certain cases which include pregnancy, health and safety, trades union related dismissals, and assertion of statutory rights.

Complaints of unfair dismissal are heard by the Guernsey Employment and Discrimination Tribunal.

What Constitutes a Dismissal?

There are three ways in which a dismissal may take place:

• Where the contract of employment is terminated by the employer with or without notice
• Where a fixed term contract expires without being renewed