When an employer wants to terminate an employee’s employment, this will usually be done in the form of a Compromise Agreement, which sets out any compensation an employee is due to be paid for their employment ending and settles any financial claims which an employee may have against an employer.

When employees are presented with a Compromise Agreement, it is a legal obligation that they seek legal advice on the same and a legal adviser will usually be required to sign a certificate attached to the Agreement to confirm that they have given the employee legal advice.

But what is involved in the process of a Compromise Agreement and what legal obligations need to be adhered to?  

Required Documents 

When preparing a draft Compromise Agreement (an “Agreement”) for an employer, or being asked to advise an employee on a draft Agreement they have been provided with, lawyers will usually request a number of documents, as follows:

• A Contract of Employment/Terms of Employment (and proof of any subsequent amendments to the same i.e. if the employee has had a change in job title or salary increase);
• Any Company Handbook that may exist;
• A copy of the employee’s payslip for the last financial year;
• A copy of the employee’s most recent payslip;
• Any correspondence between the employer and the employee regarding the termination of the employee’s employment;
• Confirmation of how many days of annual leave the employee is entitled to, if different from the number of days stated in their contract, and how many days of leave they have taken up to the date their employment is due to terminate.

A brief outline of the Process

Lawyers will use the documents listed above to check what the employee is due to be paid under the Law. Factors they check include:

• The length of time the employee has been employed and what the employee’s legal minimum entitlement to compensation is for their employment ending;
• The employee’s notice period and if they are being offered payment in lieu of notice (PILON);
• Whether the employee has accrued but not taken any annual leave, which they would be entitled to payment for;
• If the employee is owed any further sums under their contract, for example for benefits they receive from their employment, or conversely if the employee may owe the employer any sums, for example if the employer has paid for employee training courses which may need to be reimbursed.

If advising an employer, the lawyer will provide the draft Agreement to the employer with advice on the above points and including any appropriate calculations. The employer will then give the Agreement to the employee to seek legal advice on.

If advising an employee, the lawyer will check the draft Agreement for the above points against the documents requested and/or provided to the lawyer with the draft Agreement and will then meet with the employee to go over the Agreement, the legal effect it has and to ask the employee whether they have any further points not contained in the Agreement. They will also suggest potential points of note they have made from reviewing the Agreement and ask the employee if they would like to raise any noted points with the employer.

Once an agreement has been reached by both sides, the employee will usually sign and return this to the employer via their lawyer (who would sign any Legal Adviser’s Certificate) and the employer will then also sign it and provide a fully signed copy of the Agreement back to the employee via their lawyer. Overall, the process can take several hours to either draft the Agreement or to review a drafted Agreement and meet with an employee to discuss the same. Employers will offer employees a contribution, usually up to £1,000, towards their legal fees.

Due Date

Often draft Compromise Agreements will contain a Due Date (alternatively defined as a “Return Date”) for when an employee needs to have a draft Agreement reviewed and returned to an employer by. 

In these situations, it is important that an employer has any documentation that the employee may require easily accessible so that they can provide this to the employer/employee if needed.  It is also important that the employee seeks advice on a draft Agreement as soon as possible, as they may not be able to get a lawyer to review the documents in time if a Due Date takes place in only 1-2 working days’ time. 

Fair redundancy process

It should be noted that sometimes situations can arise where an employer either does not or is unable to go through a full redundancy process, including a consultation with employees of their employment being at risk of redundancy.  In such situations, employers should be aware that a failure to undertake a fair redundancy process could result in an employee’s dismissal being deemed to be an unfair dismissal, which carries a higher level of statutory entitlement to compensation than redundancy. 

If asked to adjudicate on this point, factors that the Tribunal will likely consider when making this assessment could include:

• The duty to consult with the employee;
• The duty to warn of redundancy;
• The duty to establish fair criteria for selection of employees for redundancy;
• The duty to explore alternatives to redundancy;
• The size and resources of the employer; and
• Whether the employer acted reasonably in its actions; i.e. whether the decisions made were within the band of reasonable decisions which could be made by a reasonable employer.

Sometimes employers will pre-empt this risk by offering an employee an amount of compensation which is more in-line with what their legal entitlement would be for a matter of unfair dismissal. If not, they may face argument or scrutiny from any lawyer acting for the employee as to whether or not a redundancy process was fair (which is why any correspondence between the employee and the employer regarding the termination of the employment may be requested, to show the extent to which a redundancy process was followed).

Employers should therefore give careful consideration to the above when considering if employee redundancies are needed and how this is approached, and employees should take note of how they are told their employment is ending and any consultation and/or process that was followed leading up to this, if they are being told that they are being made redundant.

If you are an employer who is considering Compromise Agreements or are an employee who has been provided with an Agreement by your employer, please contact our Employment Team on 01534 760710 or email employment@lgl.je where we would be happy to assist you. 

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BUYING a home is a big deal.

For most of us, it represents years of saving, hard work, paperwork, mortgage applications and even more paperwork. Whether it is your first home, the family house or an investment property, it may well be the most valuable asset you will ever own.

Therefore, once the keys are safely in your hand, you might think the important bit is over.

Not quite.

There is one more important piece of planning that is often overlooked: making a will.

If you have recently bought a property and do not already have a will, now is an excellent time to make
one. Your financial circumstances have changed significantly, and a properly drafted will can help ensure that your property and other assets pass to the people you choose.

Your property may not be inherited as you think

It is easy to assume that if you die without a will, everything will simply pass to the people you love.

Unfortunately, the law does not work quite like that.

If you die without a valid will, your estate is distributed under the rules of intestacy. These rules determine who inherits your assets according to a legal formula.

They do not know that you always intended your partner to have the house. They do not know that you wanted to help a particular child, leave something to a sibling or support a favourite charity.

The law cannot read your mind. A will can.

By making a will, you can set out clearly who you want to benefit from your estate and, importantly, who you want to inherit your property.

You insured the house. Why not protect its future too?

Think about everything you did when buying your property.

You probably arranged a mortgage, instructed a lawyer, carried out searches, signed an impressive pile of documents and arranged insurance.

A will is another form of protection, just one that is designed for the future.

For many people, their home is their biggest financial asset. A properly prepared will can provide certainty
about what should happen to it when they die. It can also make things easier for those left behind by
reducing uncertainty, confusion and the potential for disputes at an already difficult time.

You have spent years working out how to buy the house. It is worth spending a little time deciding what should happen to it afterwards.

Jersey law: not all property is treated the same

This is where things get particularly interesting in Jersey.

Jersey law distinguishes between immovable property and movable property, and the distinction is important when making a will.

Immovable property

Immovable property includes land and houses, including freehold and flying freehold property.

One of the important features of Jersey law is that you have testamentary freedom over your immovable property.

In simple terms, you can decide who you want to leave your house or other real estate to in your will. That could be your spouse, your children, another family member, a friend or even a charity.

Provided your will has been validly executed, you have considerable freedom to decide who should benefit from your immovable property, subject to any right of dower a spouse/ civil partner may have.

Movable property

Movable property is treated differently. This includes savings, investments, shares, personal belongings and other financial assets. It also includes shares in share transfer property.

Your movable estate maybe subject to Jersey rules of légitime. These rules provide the surviving spouse or civil partner and children with statutory rights to a share of the deceased’s net movable assets.

This is why taking proper legal advice when preparing your will is so important. The distinction between movable and immovable property can have a significant impact on how your estate is dealt with, so it is important to make sure your will reflects your wishes and takes account of the law.

Not married? Don’t assume your partner is protected

One of the most common misconceptions is that if you have been together for years, your partner will automatically inherit your property. If you are not married or in a civil partnership, that is generally not the case.

You may have bought your home together, shared the mortgage, paid the bills and built a life together. But without a will, your surviving partner may not automatically inherit your share of the property.

That can create significant financial and emotional difficulties at an already painful time. A will gives you the opportunity to make your wishes clear and put appropriate arrangements in place for your partner.

Blended families need careful planning

Families today come in all shapes and sizes. There may be children from previous relationships, children from a current marriage or partnership, a new spouse or an unmarried partner.

For blended families, careful estate planning can be particularly important. You may want to make sure your spouse or partner is financially secure while also ensuring that your children ultimately benefit from your estate.

There is no universal answer. The right approach will depend on your family and your wishes. The important thing is to make a plan rather than leaving the law to make one for you.

No children? You still need a plan

Not everyone has children. But that does not mean you should leave your estate to chance.

Perhaps you want your property to pass to your partner, siblings, nieces or nephews. Perhaps there is a close friend you would like to benefit. Or maybe there is a charity that means a great deal to you.

Whatever your wishes, a will gives you the opportunity to say so, otherwise, the law gets the final say.

A will is a gift to those you leave behind

It is easy to think of a will as something to deal with later.

There is always a reason to put it off. You are too busy. You are too young. You have not finished sorting out your finances. You will get around to it next year.

But a will is really about making life easier for the people you leave behind.

When someone dies, families are already dealing with grief. Having clear instructions can remove uncertainty and prevent loved ones from having to guess what you would have wanted.

A good will says: “I have thought about this, and I have made the decision for you.”

That can be a very valuable gift.

You’ve bought the house. What’s next?

Buying a property is one of the biggest financial commitments most people will ever make.

Once the champagne has been opened, the boxes unpacked and the first DIY disaster survived, it is worth taking one final practical step.

Make a will

You worked hard to buy your home. Take the same care over deciding what happens to it in the future because while buying the house may have been the hard part, making sure it ends up in the right hands could be just as important. Making a will is a small step for you but it is a meaningful one for someone else.

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Cosmetic treatments are seen as affordable luxuries providing a sense of comfort during uncertain times. Such treatments include anti-wrinkle injections, dermal fillers, laser resurfacing, skin peels and fat-dissolving injections.

As non-surgical cosmetic procedures have become increasingly popular, they have also become more easily accessible. However, corresponding regulation of the industry has not kept pace with the increased use of treatments, which may be given without the associated formalities of surgery or awareness of the associated risks.

Recent investigations in England have termed the growing cosmetic procedures industry as a “wild west” dominated by “cowboy” cosmetic procedures.¹ As such, there has been an associated increase in legal claims.

The Law

Claims for negligence relating to a cosmetic procedure would fall into the body of law known as “tort”.
For a claim in tort the following elements must be established:

1. That a duty of care was owed to the person bringing the claim (the Plaintiff).
2. That there was a breach of that duty of care.
3. That the breach of duty caused the injury suffered by the Plaintiff.

Duty of Care

Anyone providing cosmetic treatments owes their client a legal duty to exercise reasonable care and skill.
Determining who is legally responsible is one of the first steps in any personal injury claim. This could be:

• A private cosmetic clinic.
• A doctor carrying out aesthetic procedures.
• A dentist offering facial aesthetics.
• A registered nurse.
• An independent practitioner.
• A beauty clinic providing advanced cosmetic treatments.

Breach of Duty of Care

Questions that may be asked when considering bringing a claim include:

• Did the practitioner carry out the treatment safely?;
• Were they properly trained?;
• Did they explain the risks of the procedure?; and
• Did they respond appropriately when complications arose?

If the answer to any of those questions is “no”, there may be grounds for a claim based on the negligence of the practitioner.

The Injury

The breach of duty must have caused the injury suffered by the Plaintiff.
Examples of injuries include:

• Infections caused by poor hygiene.
• Burns following laser or IPL treatments.
• Nerve damage from incorrect injection techniques.
• Severe allergic reactions.
• Facial asymmetry.
• Lumps and migration of dermal fillers.
• Permanent scarring.

Damages

Every claim is assessed individually, but compensation may include damages for:

• Pain, suffering and loss of amenity.
• Psychological injury.
• The cost of corrective treatment.
• Medical expenses.
• Loss of earnings.
• Future financial losses.
• Travel expenses.
• Care provided by family members or professionals.

The amount awarded depends on the severity of the injury and its impact on your daily life.

Prescription

In Jersey, with some exceptions, most personal injury claims must be started within three years of the injury.
Seeking legal advice sooner rather than later is always recommended.

The Future

The Association for Personal Injury Lawyers, representing claimant lawyers in England, has called for a national register to be created so those who carry out treatments, along with their premises, are licensed. They have also called for severe penalties for unlicensed practitioners not on the national register who carried out treatments.²

The cosmetic industry in Jersey is largely unregulated, like in the UK, meaning anyone can legally provide injectable treatments. There have been calls for greater regulation of the cosmetic industry in Jersey, with the Government of Jersey stating that the necessary regulations need to be developed.³

Get in Touch

If you want to discuss a claim in relation to a non-surgical cosmetic procedure or a personal injury claim more generally then our expert team will be able to assist you.

Where appropriate, we are able to offer “no win, no fee” agreements.
Call us on 01534 760760 or email dispute@lgl.je

^1. Government crackdown on ‘wild west’ cosmetic industry after two-year-long ITV News investigation | ITV News

_^2. Customers must be protected when non-surgical cosmetic procedures go wrong

^3. Calls for more regulation of cosmetic industry in the Channel Islands | ITV News Channel

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That’s not to say there is not a group of buyers being left behind. There is absolutely a cohort of first-time buyers who don’t meet Andium’s criteria but are still struggling to get a foot on the ladder. This is where I think government has, in the past, got it right and could get it right again.

What worked: the First Step scheme

Years ago, the Jersey Government ran a scheme called First Step, working closely with the property industry to design something that actually met buyers’ needs. Rather than restricting buyers to new-build flats, it helped them onto the open market and crucially, it could not be used to buy directly from a developer.

Around 95% of the people I helped through that scheme bought a house, not a flat. It was, in my experience, a genuinely excellent piece of policy. Unfortunately, the scheme has been on pause for some time, largely because the funding allocated to it ran out.

I would like to see it revived,and extended. Not just for first-time buyers, but for what I’d call “second steppers”. These are people who bought a one or two-bedroom flat some years ago, have since had children, and now find themselves unable to move up to a house because they can’t bridge the gap between their existing mortgage and what a family home costs.

A second-charge arrangement, similar in principle to First Step, where government helps fund the deposit on the next purchase and recoups a share of the capital appreciation when the property is eventually sold, is a sensible, self-funding way to unlock that “trapped energy” in the one and two-bedroom market. Freeing up flats for the next generation of first-time buyers has a multiplying effect on the whole market.

Policy needs to be joined up

More broadly, my concern is that housing policy in Jersey has, at times, felt like a series of well-intentioned but disconnected interventions rather than a coherent strategy. The 3% tax introduced on buy-to-let purchases in 2022, just as the market was turning, was intended to encourage owner-occupation, and I understand the logic. But as far as I’m aware, its actual effect has never been properly monitored. Government should be measuring the outcomes of these policies, not simply moving on to the next idea.

Similarly, the debate around minimum flat sizes, restricted only a couple of years ago and now apparently being loosened again, deserves more scrutiny of the “why” behind the change. My honest view is that government, across Andium Homes, the Jersey Development Company and the wider machinery, needs to pause, talk properly to the industry and set out a clear, long-term plan for meeting Jersey’s housing need, rather than reacting to headlines.

Part of that stocktake should include a hard look at why Jersey has two States-owned entities both active in residential development. Andium Homes exists to provide social housing and help first-time buyers onto the ladder, while the Jersey Development Company exists to deliver major regeneration and commercial schemes.

In practice, though, both are now building and selling residential units. JDC’s developments carry a first-time-buyer shared-equity element too, and there are examples of a single scheme being associated with both organisations. When two government-owned bodies are effectively competing for the same buyers with similar stock, it’s fair to ask whether that’s the best use of public resource, or whether a clearer division of responsibility, with JDC concentrating on commercial and larger-scale regeneration and Andium retaining the residential and affordable-purchase remit, would serve the Island better.

Fixing the process itself
Away from policy, there’s also real work to do on how property transactions actually happen day to day. Alongside colleagues in the industry, we’ve been running regular training and networking sessions bringing together lawyers, estate agents and financial advisers, and we now have an established working relationship with the Jersey Estate Agents Association to look at how we can improve the conveyancing process.

One of the biggest sources of stress for clients isn’t the process itself, it’s uncertainty: not knowing how many parties are in a chain, or when everyone will actually be ready. We’re pushing for far greater transparency at the start of a transaction, so that everyone involved knows the full picture, agrees a realistic target date together, and only then moves to a binding commitment. That allows people to get on with their lives, like booking removals, taking holidays, etc., with real confidence, rather than living in limbo until completion day.

A workforce under pressure

Finally, I would flag a less visible but serious issue: the number of qualified conveyancers on the Island has fallen by roughly 50% since 2000, down to around 37 full-time practitioners, of whom a significant number are approaching retirement. Without proper investment in training and a clear route into the profession, that shortage will only add further strain to an already pressured system, regardless of what happens with schemes and policy.

Jersey’s housing challenges won’t be solved by any single measure. But a joined-up strategy, properly monitored policy, and closer collaboration across the industry would go a long way to making the market work better for everyone trying to buy, sell or simply move on with their lives.

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