Termination of employment can occur for several reasons as outlined in the Employment Act. These reasons include mutual agreement between the employer and employee, redundancy due to business restructuring or economic reasons, lack of capability on the part of the employee, serious misconduct or unacceptable behavior by the employee, statutory restrictions that make the employment illegal, and "some other substantial reason" which serves as a catch-all category for valid reasons not explicitly listed.

Notice Requirements

The notice periods in Gibraltar are dependent on the length of an employee's continuous service. For up to 1 year of service, a week's notice is required. For 1-2 years of service, 2 weeks' notice is required. For 2-5 years of service, 4 weeks' notice is required. For 5-10 years of service, 6 weeks' notice is required. For 10-15 years of service, 8 weeks' notice is required. For 15+ years of service, 12 weeks' notice is required. Employers have the option to give pay in lieu of notice.

Severance Pay (Redundancy Payments)

In cases of redundancy, employees with at least two years of continuous service are entitled to severance pay. The calculation is based on length of service and age. For those under 41 years old, 1/2 week's pay for each full year of service is given. For those between 41-61 years old, 1 week's pay for each full year of service is given. For those 61 years or older, 1.5 weeks' pay for each full year of service is given.

Important Considerations

Employers must follow fair procedures when terminating an employee. This includes providing written reasons for termination and opportunities for the employee to respond. Fixed-term contracts can be terminated earlier if there's a specific provision in the contract allowing it. Employees may be able to claim constructive dismissal if the employer's actions significantly breach the terms of their employment contract. It's highly recommended that you consult with a legal professional specializing in Gibraltar employment law for the most up-to-date and case-specific guidance.

The Equal Opportunities Act in Gibraltar prohibits discrimination on several grounds including sex, race, disability, religion or belief, sexual orientation, and age. However, the Act does specify some exceptions where age-based differential treatment might be allowed.

Protected Characteristics

• Sex: This includes pregnancy, maternity, and gender reassignment.
• Race: This covers race, color, nationality, and ethnic or national origins.
• Disability
• Religion or Belief
• Sexual Orientation
• Age: The Act specifies some exceptions where age-based differential treatment might be allowed.

Redress Mechanisms

Individuals who experience discrimination in Gibraltar have several avenues for seeking redress:

• Employment Tribunal: The Employment Tribunal handles cases of discrimination within an employment context.
• Civil Courts: For cases of discrimination outside employment, individuals can seek redress through the civil courts.
• Equality Rights Group (ERG): This non-governmental organization provides support and advocacy for individuals experiencing discrimination in Gibraltar.

Employer Responsibilities

Employers in Gibraltar have a proactive role in preventing and addressing discrimination under the Equal Opportunities Act. Their key responsibilities include:

• Non-discrimination Policies: Employers should establish and communicate clear policies prohibiting discrimination and harassment.
• Training: Employers should provide training on anti-discrimination law to all employees, and especially those involved in recruitment, promotion, and discipline.
• Complaint Mechanisms: Employers should have procedures for handling discrimination complaints in a timely, confidential, and impartial manner.
• Reasonable Accommodation: Employers should make reasonable accommodations for employees with disabilities or those whose religion/beliefs require specific adjustments.
• Positive Action: Employers should encourage applications and opportunities for underrepresented groups, where it is a proportionate means of achieving equality.

Important Notes

• Broad Protection: Anti-discrimination laws in Gibraltar are far-reaching, covering employment, provision of goods and services, education, and more.
• Vicarious Liability: Employers can be held liable for discriminatory acts of their employees in some circumstances.

In Gibraltar, a set of regulations establishes minimum standards for employee well-being in the workplace. These standards cover work hours, rest periods, and ergonomic requirements.

Work Hours

The average working time over a 17-week period should not exceed 48 hours, according to the Working Time Act 1999. There is flexibility, however, as employees can agree in writing to opt out of this maximum working time limit. Night workers, generally defined as those working between midnight and 7:00 am, have specific regulations regarding maximum average normal hours, typically 8 hours per 24-hour period.

Rest Periods

Employees are generally entitled to a minimum of 30 minutes uninterrupted break after working for more than 6 hours. All employees are entitled to a minimum of one 24-hour rest period per week, typically on Sunday.

Ergonomic Requirements

While Gibraltar doesn't have a single, comprehensive law dedicated solely to ergonomics, the Employment Act 1932 plays a role. This Act places a legal obligation on employers to ensure the health, safety, and welfare of employees at work. Ergonomic considerations would likely fall under this duty. Gibraltar, as a British Overseas Territory, adheres to many European Union Directives, including the Framework Directive on Safety and Health at Work. This directive emphasizes workplace design that minimizes musculoskeletal disorders.

Additional Considerations

Certain industries in Gibraltar might have additional regulations related to working conditions, particularly regarding ergonomics, due to the nature of the work. Collective Bargaining Agreements between employers and employee representatives can establish more generous working conditions than the minimum standards set by law.

In Gibraltar, a safe and healthy work environment is prioritized through a comprehensive framework of regulations. This includes employer obligations, employee rights, and the enforcement landscape.

Employer Obligations

Under the Health and Safety at Work Act 1994, employers have several key responsibilities:

• Risk Assessment: Employers are required to conduct risk assessments to identify potential hazards in the workplace and implement effective control measures to minimize risks.
• Safe Work Environment: Employers must provide a safe work environment with safe practices, procedures, and suitable work equipment to ensure employee well-being.
• Information and Training: Employees must be adequately informed and trained on health and safety risks associated with their jobs and safe work practices.
• Consultation: Employers are obligated to consult with employee representatives on health and safety matters.
• Personal Protective Equipment (PPE): Employers are required to provide appropriate PPE to employees when necessary.

Employee Rights

Employees in Gibraltar have corresponding rights regarding health and safety:

• Safe Work Environment: Employees have the right to work in a safe environment with adequate risk controls.
• Information and Training: Employees have the right to receive information and training on health and safety matters relevant to their job role.
• Refusal of Unsafe Work: Employees have the right to refuse work that they believe poses a serious threat to their health or safety.

Enforcement Agencies

The enforcement of health and safety compliance in Gibraltar involves a collaborative effort from several agencies:

• Department of Employment: This department conducts workplace inspections and enforces health and safety regulations.
• Public Health Department: This department plays a role in ensuring workplace hygiene and preventing occupational health hazards.
• The Courts: Employees or the authorities can pursue legal action against employers who breach health and safety regulations.

It's important to note that Gibraltar adheres to various European Union Directives on health and safety, which complement the national framework.