Employment law · Gibraltar
Find a sick leave lawyer in Gibraltar
Gibraltar is its own common law jurisdiction, with its own Parliament, courts and legal profession. We match you with a solicitor or barrister who handles illness, absence and dismissal disputes before the Gibraltar Employment Tribunal and the Supreme Court.
- Employment matters are heard by the Gibraltar Employment Tribunal
- Free matching, with no obligation to instruct
- Practitioners admitted and regulated in Gibraltar
Free matching service. We do not provide legal advice.
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Finding the right practitioner in Gibraltar
Being off work through illness can raise urgent questions: whether your employer has followed the right process, whether your pay has been handled correctly, and what you can do if your job is at risk. A sick leave lawyer in Gibraltar works within a distinct legal system — a British Overseas Territory that is not part of the United Kingdom, with its own Parliament, its own courts and its own barristers and solicitors. Employment disputes there are heard by the Gibraltar Employment Tribunal, which sits below the Magistrates’ Court. If you are unsure whether you have a claim, or how long you have to bring one, we match you with a solicitor or barrister who handles this kind of work. The matching service is free and carries no obligation.
Gibraltar in detail
How sick leave and employment matters work in Gibraltar
Gibraltar applies English common law and the rules of equity as adapted by its own legislation, and it has a separate courts structure and legal profession. Understanding which body decides your dispute, who may represent you and how long you have to act is the first practical step.
A separate jurisdiction with its own courts
Gibraltar is a British Overseas Territory, not part of the United Kingdom. Its legal system rests on English common law, the rules of equity and statutes of general application, adapted by legislation made in the Gibraltar Parliament under the Gibraltar Constitution Order 2006. Employment matters reach the Gibraltar Employment Tribunal, which sits below the Magistrates’ Court, while larger civil claims are heard in the Supreme Court.
Who may act for you
Representation before the Supreme Court and the Court of Appeal is by barristers and solicitors of the Supreme Court of Gibraltar, admitted under the Supreme Court Act and regulated by the Legal Services Regulatory Authority. Under section 29(2), a solicitor ‘shall be at liberty to act also as a barrister’, so many practitioners hold a dual capacity and can both advise and appear.
Time limits that shape a sick leave dispute
If a dismissal is challenged as unfair, the complaint goes to the Gibraltar Employment Tribunal within three months beginning with the effective date of termination. Contractual claims, such as unpaid sick pay owed under a contract, are generally governed by a six-year limitation period, and personal injury claims by a three-year period, subject to the court’s discretion to extend.
Fees, costs and legal aid
Professional fees in Gibraltar are not fixed by statute or by a public tariff; they are agreed between lawyer and client. Court fees follow Schedule 6 to the Supreme Court Rules 2000, as substituted in 2025, and vary with the amount claimed. Civil legal assistance under the Legal Aid and Assistance Act is means-tested and subject to a merits test.
Appeals and the final word
Civil appeals from the Supreme Court go to the Court of Appeal for Gibraltar, with a 14-day period from the decision complained of, and the Court of Appeal normally sits twice a year. From there, the highest court of appeal is the Judicial Committee of the Privy Council in London — not the UK Supreme Court.
Key time limit — Employment Law
Unfair dismissal — 3 months beginning with the effective date of termination. Complaint to the Gibraltar Employment Tribunal.
All figures and rules on this page come from official Gibraltar sources — the Government of Gibraltar’s justice system pages, the Gibraltar statutes database and the published 2025 court fee schedule — consulted in 2025.
- Government of Gibraltar — Structure of the justice system
- Gibraltar Limitation Act
- Gibraltar Employment Act
- Supreme Court Act
- Legal Services Act 2017
- Government of Gibraltar — Court fees schedule (2025)
- Court of Appeal Rules 2004
- Inheritance (Provision for Family and Dependants) Act
- Matrimonial Causes Act
Common situations
When people look for help
Illness and employment rarely conflict in a straightforward way. These are the situations we are asked about most often.
You are off sick and unsure where you stand
Absence, fit notes and pay can all become points of conflict. Gibraltar has its own employment legislation and its own tribunal, so guidance written for the United Kingdom may not fit your situation.
You feel pressured to return or to resign
Being asked to come back early, or to accept a settlement while unwell, is difficult to assess on your own. A practitioner can look at the sequence of events, your contract and your medical position before you respond.
You are worried about deadlines
Employment complaints are subject to short time limits, and a civil appeal may need to be filed faster still. Waiting for clarity is understandable, but it can narrow the options available to you.
Why use the service
What the matching service gives you
We do not decide your case. We help you find a Gibraltar practitioner whose practice covers sick leave and employment disputes.
Practitioners who know the local system
We match you with solicitors and barristers admitted in Gibraltar and familiar with the Employment Tribunal, the Supreme Court and the Court of Appeal, so you are not relying on assumptions drawn from another jurisdiction.
A free, no-obligation first step
Describing your situation costs nothing. You decide whether to instruct after you have spoken to a practitioner and understood what the next steps would involve in your particular circumstances.
Clarity on fees before you commit
Professional fees in Gibraltar are agreed between lawyer and client rather than fixed by tariff, and court fees follow a published schedule. You can ask for a written explanation of how costs will be built up.
Help focused on your situation
Whether the issue is sick pay, a dismissal during absence or a dispute over medical evidence, we look for a practitioner whose practice covers employment and illness-related matters in Gibraltar.
Other jurisdictions
Looking beyond Gibraltar?
Gibraltar is a separate jurisdiction with its own courts, so cross-border employment arrangements can raise questions about which system applies. We also cover these European countries.
Questions and answers
Sick leave and employment in Gibraltar
Do I need a sick leave lawyer in Gibraltar if my employer is based abroad?
Possibly. Gibraltar is a separate jurisdiction from the United Kingdom and from Spain, with its own courts, its own legislation and its own legal profession. If your employment is connected to Gibraltar, a practitioner admitted here is best placed to assess where a claim belongs and which tribunal or court has jurisdiction.
How long do I have to bring a claim?
It depends on the type of claim. An unfair dismissal complaint must reach the Gibraltar Employment Tribunal within three months beginning with the effective date of termination. Contractual claims generally carry a six-year limitation period, personal injury claims three years, and a civil appeal to the Court of Appeal must be filed within 14 days.
Who can represent me before the Gibraltar courts?
Barristers and solicitors of the Supreme Court of Gibraltar may represent you, and under section 29(2) of the Supreme Court Act a solicitor may also act as a barrister. In practice, specialist barristers are instructed for advocacy in the higher courts and for complex matters.
What does it cost to be matched with a practitioner?
Nothing. Our matching service is free and carries no obligation. Professional fees in Gibraltar are not set by statute or by a public tariff, so they are agreed directly between you and the practitioner. Court fees, where they apply, are payable in addition and follow Schedule 6 to the Supreme Court Rules 2000.
Can I get legal aid for a sick leave dispute in Gibraltar?
Civil legal assistance under the Legal Aid and Assistance Act covers proceedings before courts and tribunals in Gibraltar, including the Privy Council. It is means-tested: assistance is available where income does not exceed £5,000 a year, and a person must be refused it if they hold capital of more than £350, unless they cannot afford to proceed without it. A merits test also applies.
What should I do if I am dismissed while on sick leave?
Act quickly. The three-month deadline for an unfair dismissal complaint to the Gibraltar Employment Tribunal runs from the effective date of termination, and evidence is easier to gather while events are fresh. A practitioner can review your contract, your absence record and the process your employer followed, and explain the options open to you.
Next step
Tell us what is happening at work
Describe your situation in a few lines and we will look for a Gibraltar practitioner whose practice covers sick leave and employment disputes. The service is free, there is no obligation, and you keep control of every decision.