'Lack of talent could be disability under new law'
JOBS could be lost as a result of ‘gold-plated’ discrimination legislation that could see a lack of talent easily deemed a disability, it has been claimed.
Guernsey-based businessman Jon Moulton stressed the importance of protecting people from ‘meaningful racial or sexual discrimination’.
‘The question is how onerous a legal system needs to be to provide a sensible balance,’ he added.
‘We have no visible generalised crisis about discrimination, but we are about to have a gold-plated wall of anti-discrimination laws.’
Writing in today’s Guernsey Press, the business tycoon warned that the ‘horribly complex’ legislation could see legal processes ‘greatly increase in quantity and cost’, with businesses hit hard.
He said the proposed definition of disabled was wide-ranging. ‘The list includes “the total absence of bodily functions” – otherwise known as death – which historically Guernsey employers have been able to recognise,’ said Mr Moulton.
‘There is no minimum period for disability, no minimum impact and basically anything wrong mentally or physically is a “disability”. We are all to be disabled it seems.
‘Bluntly, a lack of talent will easily be deemed a disability – this is silly.’
An employer would have to make ‘appropriate adjustments’ for someone with a disability, said Mr Moulton, adding: ‘The UK has a more sensible “reasonable adjustments” standard.’
Warning the system could be ‘gamed’, he said: ‘The proposed rules are very difficult for employers where every step in dealing with employees will be conducted with one eye fixed on how it will look if the employee “goes legal”.’
The result could be substantial termination settlements as well as accompanying legal bills, plus a ‘toxic work atmosphere’ becoming the norm.
‘We must recognise there is a real need for competitive advantage to enable Guernsey to prosper. The current balance of power between employees and employers is already quite good for employees – demand is strong for employees in the current market.
‘Jobs will be lost if employing people gets too hard. (There will of course be a need for more lawyers….).
‘Under the new regime employers may not be able to discriminate where it may really matter – that is, in selecting the best people for a job so that businesses work as well as can be. I am all in favour of helping people prosper to their best, but this help should be sensibly measured.’
He also accused the States of making no effort to assess the overall economic costs of the proposals, adding: ‘The cost needs counting.’