The Requirements of The Conditions of
Employment (Guernsey) Law, 1985
BOARD OF INDUSTRY
Notes for Guidance Regarding Certain Requirements of
The Conditions of Employment (Guernsey) Law, 1985
These notes are for general guidance only.
They are not intended to give guidance on all the requirements
of the Law, nor are they intended in any way as representing a
statement of Law.
1. It is the responsibility of every employer to know and observe
the provisions of the Law. Copies are available from the Greffe,
Royal Court House, St. Peter Port, Guernsey.
2. The Law lays a duty on every employer to give to each eligible
employee a written statement containing details of the main terms
and conditions of employment.
3. The written statement must specify the names of the employer
and employee and the date when the employment commenced.
4. The statement must also provide details on the following
terms and conditions of employment:
(a) the scale or rate of remuneration, or the method of
calculating remuneration (including overtime rates, shift pay
and other pecuniary benefits);
(b) the intervals at which remuneration is paid (that is,
whether weekly, monthly or by some other period);
(c) any terms and conditions relating to hours of work
(including any terms and conditions relating to normal working hours);
(d) any terms and conditions relating to-
(i) entitlement to holidays, including public holidays,
and holiday pay (the particulars given being sufficient to
enable the employee's entitlement, including any entitlement
to accrued holiday pay on the termination of employment,
to be precisely calculated);
(ii) incapacity for work due to sickness or injury,
including any provision for sick pay;
(iii) pensions and pensions schemes;
(e) the length of notice which the employee is obliged to give
and entitled to receive to determine his contract of employment or
(if the contract is for a fixed term) the date of expiry; and
(f) the title of the job which the employee is employed to do.
5. The terms and conditions of employment referred to in the
written statement must be the actual terms and conditions under which the employee is employed at a particular date; that
date must not be more than one week before the statement
is given to the employee.
6. It is important to realise that the Law does not lay down
any minimum terms and conditions of employment which are to be
provided by the employer (e.g. amount of sick pay, holiday pay,
wages etc.). The Law simply requires employers to record in
writing the details of the agreement reached with their employees
on the main terms and conditions under which they are employed.
7. The use of written statements is designed to ensure that
both the employer and employee are fully aware of their respective
rights and obligations. This will in turn assist with the
avoidance of any disagreements which might occur at some time in
the future over the terms and conditions of employment -
any disagreements can be easily resolved by reference to the
8. The duty to provide written statements applies to both
new and existing employees. In the case of a new employee,
the statement must be given within 4 weeks of commencement of the
9. At the present time employers do not have to provide
written statements to those employees whose hours of work are
normally less than fifteen hours weekly. However, in the
interests of good industrial relations and to ensure both
parties are aware of their respective rights and obligations
from the outset of the employment, employers are strongly
advised to issue all employees with written statements
irrespective of the number of hours they work.
In addition, where practicable, employers are also
recommended to issue the statements on or before the
employee's first day at work.
10. The requirements of the Law as mentioned in paragraphs
3 and 4 above do not apply if an
employee has a written contract of employment which
includes all the details covered by
those paragraphs provided that the employee has been
given a copy of the contract or is
given reasonable opportunities to read a copy in the
course of his employment or one is
made reasonably accessible to him/her. In all cases
the copy must be kept up to date.
11. Where any material change occurs to the original terms
and conditions of employment as
set out in the written statement or contract of employment,
the employer is under an
obligation to provide the employee with written
particulars of the change(s) within a period
of 4 weeks from the change occurring or alternatively
to issue the employee with a revised
and updated written statement.
12. A written statement as set out in paragraphs 3 and 4 above
may, for all or any of the
particulars to be given in the statement, refer the employee
to some other document which
the employee has reasonable opportunities of reading in
the course of the employment or
which is made reasonably accessible to him/her in some
other way (e.g. notice-board).
13. A written statement could, for example, name the employer
and employee, give the job title
and date on which the employment began and then state
"All other terms and conditions are
in accordance with the Annual Agreement between the
Employers' Association and the
Union, a current copy of which is displayed on the staff
notice-board". That is, of course,
provided the Agreement covers all the other terms set out
in paragraphs 3 and 4.
14. In addition to providing a written statement of the main
terms and conditions of employment
there is now also a legal requirement for the employers
to provide every employee with a
detailed statement of pay (wage slip), irrespective of
the hours the employee works.
15. An employee's wage-slip must contain the following detail:
(a) the gross amount of wages/salary paid;
(b) the amount of each deduction;
(c) the reason for each deduction (e.g.: tax, insurance,
board and lodgings etc.);
(d) the total amount of all deductions;
(e) the net amount of wages/salary paid after the deductions
have been made;
(f) the date on which the net amount of wages/salary is to
In addition, the statement of pay must be written and legible
It should be noted that the gross pay mentioned in
(a) above must include payments for overtime,
shift work and any other pecuniary benefit.
16. THE ATTENTION OF ALL EMPLOYERS IS DRAWN TO THE FOLLOWING:-
(a) There is a maximum penalty of £2,500 where an employer
fails to issue written statements or keep them up to date in
accordance with the provisions of the Law;
(b) and a maximum penalty of £2,500 where an employer does
not issue all employees with wage slips detailing all earnings
17. Attached to these guidance notes are four forms:
FORM 1 is an example of a possible form for use as a
written statement by an employer. It shows the form that the
written statement could take and includes all the items relating
to each of the terms of employment as required to be given by an
employer under The Conditions of Employment (Guernsey) Law, 1985.
FORM 2 is an example of a possible form of receipt. This confirms
that the employee has received a copy of the written statement.
FORM 3 is the same as FORM 1 but with the various headings left
FORM 4 is an example of a possible statement of pay (wage-slip).
This should provide details of all the payments being paid to the
employee together with all the deductions. The amounts of each
payment and deduction should be shown as well as an indication
of what the payment or deduction is for. Other details which must
also be provided on the wage slip include the gross amount being
paid, the total of all deductions taken, the net amount the employee
is to receive and the date the wages are paid. The wage slip must
be written and legible. (A typed wage slip is advisable).