Landmark decision in the Guernsey Employment Tribunal

Posted: 19/11/2014

The Guernsey Employment Tribunal has, for the first time, chosen not to hear a claim of constructive dismissal on the grounds that the claim was vexatious.

Adrian McManus, former science teacher at Elizabeth College, resigned with immediate effect on 3 March 2014, alleging that timetabling changes had breached his trust and confidence.

For the first time since unfair dismissal legislation was introduced in Guernsey in 1998, the Guernsey Employment Tribunal refused to hear McManus's complaint on the basis that the claim appeared to be frivolous or vexatious.

Acting for Elizabeth College, Rachel Richardson, Senior Associate at Carey Olsen, said: "The Employment Tribunal in Guernsey has a wide discretion to refuse to hear unfair dismissal claims but it is rare that this power is invoked. To my knowledge this is the first time a constructive dismissal claim has been struck out on the grounds of it being frivolous or vexatious. The decision should be a comfort to Guernsey employers facing unmeritorious claims from disgruntled ex-employees."

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