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Please read this booklet if you are considering making a

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					                  Jersey Employment Tribunal



    Making a claim to the Jersey Employment Tribunal



Please read this leaflet if you are considering making a claim to the Jersey
Employment Tribunal.


It gives information about what you must do before you make a claim, and
gives guidance on filling in the form and sending it to the Tribunal office.


For the sake of convenience, in this form ‘he’ includes ‘she’ and ‘his’
includes ‘her’.


You will find the forms for making your claim enclosed.

Please Note: A copy of the application form will be sent to the other party
involved. We will also send a copy to the Jersey Advisory and Conciliation
Service (JACS) unless you tell us not to.
Notwithstanding the above it is important to note that should the other
party/parties request involvement by JACS these details will be sent to that
service.
3

Forward your application form to the Jersey Employment Tribunal office at the
address below.


                          Secretary to JET,
                          1st Floor, Trinity House,
                          Bath Street,
                          St Helier,
                          JE2 4ST




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What the Employment Tribunal does                                 Employment Tribunal to obtain the correct application form.
The Jersey Employment Tribunal hears claims about
matters to do with employment and unfair dismissal. The           How soon must I make my claim to an
Employment Tribunal also deals with a range of claims             Employment Tribunal?
relating to wages, and other payments.                            Most claims to the Employment Tribunal must be made
If you are not sure that your complaint is one that the           within very strict time limits. In most cases the Tribunal
Employment Tribunal can deal with, contact the Jersey             must receive your claim within 8 weeks. This 8 week
Advisory & Conciliation Service (JACS) who will be able to        period begins with the date your employment ended or
help.                                                             when the matter you are complaining about happened.
The Employment Tribunal is like a court but it is not as          This date is important and you may wish to contact the
formal, for example, nobody wears a wig or gown.                  Secretary to the Employment Tribunal or JACS to verify
However, like a court it must act independently and cannot        the date if you have any doubts.
give legal advice. Almost all hearings are open to the            In certain circumstances, for example, when you write to
public.                                                           your employer within the original time limit raising a
                                                                  grievance, these limits may be extended at the Tribunal’s
Further information                                               discretion. You may want to take advice.
The Employment Tribunal has a public enquiry line with            If we receive your claim outside the time limit, the Tribunal
staff who can answer general enquiries, give information          will probably not be able to consider it unless there are
about tribunal publications and explain how the tribunal          exceptional reasons for the delay. For example, you may
system works.                                                     have been in hospital for the period when you should have
They may be able to help you fill in the form but they            made your claim.
cannot give legal advice, such as advising you whether            7
your claim is likely to be successful.                            Where to send your claim
                                                                  Forward your application form to the Jersey Employment
        The enquiry line number is: 01534 280585                  Tribunal office at the address below.

Further help and advice
You do not have to take advice before you make a claim                               Secretary to JET,
to the Employment Tribunal. However, you may feel it is                              1st Floor, Trinity House,
helpful to do so.                                                                    Bath Street,
You can get more help and advice from:                                               St Helier,
          • Jersey Advisory and Conciliation Service                                 JE2 4ST
          (JACS) on 01534 730503 website:
          www.jacs.org.je                                         You should keep a copy of your claim form for your
          • your trade union, if you are a member;                records. It is your responsibility to ensure that the Tribunal
          • Free advice services such as the Citizens             office receives your claim within the relevant time limit.
          Advice Bureau. Telephone: 01534 724942 or
          Freephone: 0800 735 0249. The website address           If you fax your form to us – do not post a copy to us.
          for the Citizens Advice Bureau is:
          www.cab.org.je
          • Lawyers and other professional advisers may
          be able to help you prepare your case. Please           What happens when I send in my claim?
          note:      Lawyer’s      advice    and/or   legal       If you have not given all the necessary information we will
          representation are not paid for under the Jersey        return your form to you with a letter telling you the reason
          legal aid scheme.                                       why your claim has not been accepted and what action you
5                                                                 should take.
If your complaint is about not receiving the minimum
wage, you should seek help from the Employment and                If your claim is accepted, the Tribunal office will send you a
Social Security Department, Philip Le Feuvre House, La            letter to confirm this together with a leaflet called ‘A User’s
Motte Street, St Helier, JE4 8PE. Telephone 01534                 Guide’ which explains what happens next.
280000.
                                                                  At the same time we will send your employer a copy of
                                                                  your claim form together with a form for his response.
Information needed before a claim can be
accepted                                                          If you are an employer making a claim against an
Your claim cannot be accepted unless it meets certain             employee, please contact the Secretary to the Employment
conditions. For example, it cannot be accepted if you have        Tribunal to obtain the correct application form.
not filled in one or more sections on the claim form where
you must give information.                                        Correspondence
Please note: If you are an employer making a claim                In future correspondence we will allocate a case number
against an employee, please contact the Secretary to the          and this should be quoted every time you write to us.




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We will send a copy of your claim form and any other             2 Employer’s details
documents or letters you send us to your employer.               2.1. Give the name of your employer or the organisation or
We will send you copies of all the documents your                person you are complaining about.
employer sends to us.                                            2.2. Give the employer’s full address and postcode.
We will send you and your employer any decision the              2.3. Give the full address and postcode of the place where
Tribunal makes.                                                  you worked, or applied to work, if this is different from the
You must let us know immediately if your contact details         employer’s address you gave at 2.2. Please say if you
change.                                                          worked from home, as we will treat your home address as
If you have a representative (a person you ask to act on         your workplace.
your behalf), we will send all correspondence about your
case to him and not to you. And, you should communicate          3 Action before making a claim
with us only through him and not straight to us.                 3.1. Please tick the appropriate box to say whether or not
It is your representative’s responsibility to keep               you are, or were, an employee of the employer (or one of
you informed.                                                    them, if there is more than one). In most cases, this should
                                                                 be a straightforward question to answer.
Do I have to pay the Employer’s costs?                           If you are in any doubt about whether or not you are, or
Generally, no. as the Law has not yet been passed to deal        were, an employee of the employer, you might want to get
with this matter.                                                advice. If you are, or were, an employee, please now go
                                                                 straight to section 3.3.
If you receive any threats from your employer or his             3.2 Please answer this question only if you have said, in
representative you should let the Tribunal know straight         answer to question 3.1, that you are not, or were not, an
away.                                                            employee of the employer. If you are, or were, so engaged
                                                                 please now go straight to section 4. If you are not, please
Access to information                                            now go straight to section 6.
You have a right to access certain information held about        3.3 If you were employed by the employer, please tick the
you. Please put any request in writing to:                       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
                 Secretary to JET,                               dismissal (that is when you resigned because of something
                 1st Floor, Trinity House,                       your employer did or failed to do which made you feel you
                 Bath Street,                                    could no longer continue to work for him) please tick ‘No’
                 St Helier,                                      here. If you answer ‘No’, please now go straight to section
                 JE2 4ST                                         4.
                                                                 3.4 If your claim relates to something in addition to
There may be a charge made for responding to any                 dismissal (for example, you claim you are owed unpaid
requests for information.                                        wages) you should answer ‘Yes’ here. If your claim is only
                                                                 about a dismissal (other than a constructive dismissal),
Filling in the form                                              please answer ‘No’ here and now go straight to section 4.
We have designed these guidance notes to assist you,
however, they do not give a full statement of the law.           4 Employment details
Make sure you give us all the information we must have           4.1 If your complaint is against your employer or ex-
before we can accept your claim. You may find the                employer, please give the date when your employment
instructions below helpful.                                      started and, if it applies, the date when it ended or will end.
                                                                 Use day/month/year format (for example 08/03/1995).
1 Your details                                                   4.2 Please say what job you do or did for your employer
1.1 Tick the relevant title to show whether you want to be       and give your job title if you have or had one.
referred to as Mr, Mrs, Miss or Ms. If none of these is          4.3 Please give the basic number of hours you work or
correct, put your title in the space after ‘Other’.              worked each week – do not include overtime even if you
1.2. Give your first name or names.                              work or worked it regularly.
1.3. Give your surname or family name in CAPITAL                 4.4 Give details of your gross pay, how much you are
letters.                                                         claiming and other payments such as bonus, commission
1.4 Give your date of birth in day/month/year format (for        and any other miscellaneous payments details of which
example 25/02/1965) and tick the relevant box to tell us         should be written in the box provided below. Please make
whether you are male or female.                                  clear whether the figures are for each hour, each week or
1.5. Give your full address, including house number, road,       each month.
parish and postcode.                                             4.5 If your employment has ended, please tick the
You do not need to answer 1.6 and 1.7 if you have                appropriate box to say if you either worked or were paid for
appointed a representative (see section 9).                      a period of notice. If so, please tell us how long you worked
1.6 Give us a phone number including the full dialling           or were paid for.
code, if relevant, where we can contact you during               4.6 Please indicate if you would consider re-employment
normal working hours.                                            with your former employer instead of a monetary award, if
                                                                 your claim was successful.



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5 Unfair dismissal or constructive dismissal                         you want to tell us on the form, using extra sheets as
You only need to fill in this section if you are complaining         necessary. If you have any special needs (for example,
about being unfairly dismissed by the employer or if you             because of a disability) please give details here so we can
have resigned because of something your employer did or              help you. You may want to give an explanation of why your
failed to do which made you feel you could no longer                 claim is out of time or to let us know that internal grievance
continue to work for them (this is known as constructive             or dismissal and disciplinary procedures have not yet been
dismissal).                                                          completed.
5.1 Please use the box provided to explain why you think
you were unfairly dismissed and give any other                       If there is not enough space, please continue on a
information you think would be helpful to us. If you                 separate sheet and attach it to this form.
disagree with the reason the employer gave for dismissing
you, please say what you think the reason was. You                   If you are providing information on separate sheets for a
should describe the events which led up to your dismissal            number of questions, please state on the form how many
and describe how the dismissal took place, including                 sheets in total you have attached to the form.
dates, times and the people involved.
If you are claiming that the employer’s actions led you to           9 Your representative
resign and leave your job, please explain in detail the              You only need to fill in this section if you have appointed a
circumstances surrounding this.                                      representative. A person you ask to act on your behalf is
If there is not enough space for your answer, please                 known as your representative. We will deal only with your
continue on a separate sheet and attach it to this form.             representative if you appoint one – we will not deal directly
(indicate how many sheets you are attaching)                         with you. Please do not give the name of a representative
5.2 Please tick the appropriate box to say whether or not            unless that person has agreed to act for you. Do not give
you were in your employer’s pension scheme.                          the name of a person or organisation who is only giving
5.3 Give details of any other benefits you received from             you advice on filling in this form.
your employer. Examples might include a company car or               9.1 If you know the name of the person representing you,
medical insurance.                                                   give it here. If you don’t know it, leave this section blank.
Please describe what kind of benefit you received and                9.2 Give the full name of the representative’s organisation
give an idea of how much it was worth.                               (for example, the union, firm of lawyers or the Citizens
                                                                     Advice Bureau).
                                                                     9.3 Give the full address and postcode of the
6 Other payments you are owed                                        representative’s organisation.
You only need to fill in this section if you are complaining         9.4 Give the representative’s phone number including the
that the employer owes you money.                                    full dialling code.
6.1 Please tick the appropriate box (or boxes) to show               9.5 Give the reference number your representative has
what money you think is owed to you. Say whether you                 given to your case (if you know it).
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.
6.2 Tell us how much you are claiming.
6.3 Please explain why you believe you are entitled to this          Now please sign and date the form and send it to:
payment, setting out full details such as the period the
payment covers and the rate of pay. If you have specified                              Secretary to JET,
an amount, please say how you worked this out.                                         1st Floor, Trinity House,
If you are claiming more than one type of payment, please                              Bath Street,
give the amounts you are claiming for each type of                                     St Helier,
payment and explain how you worked out each amount.                                    JE2 4ST

7 Other complaints
You only need to fill in this section if your claim is not           If you have appointed a representative he can sign the
covered by any of the earlier questions relating to unfair or        form for you.
constructive dismissal, or other outstanding payments,
issues relating to your written statement of particulars, rest
periods or annual leave.                                             Make sure you keep a copy of the form and any
7.1 Please explain the events leading up to your claim and           separate sheets you are sending to us
explain the nature of your complaint. Please include any
relevant dates. If there is not enough space for your
answer, please continue on a separate sheet and attach it
to this form.

8 Other information
8.1 Please do not send a covering letter with your
claim form. You should give us any extra information that


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