Discrimination law changes heading ‘in sensible direction’

Guernsey-based businessman Jon Moulton said the changes were ‘clearly in a sensible direction’ as business groups stressed the need for a ‘proportionate approach’.

Deputy Michelle Le Clerc, president of Employment & Social Security, last week announced a refocus on the delivery of a reduced set of proposals.

The working draft definition of ‘disability’ will, among other things, be revisited in light of feedback received to a public consultation on ESS’s draft policy proposals.

Work has been suspended in the areas of marital status, pregnancy or maternity status, sex, trans status, age and carer status – in relation to parents. An indicative timeline will be included in the committee’s policy letter for when these grounds should be addressed and included in the legislation.

Employment & Social Security intends to press ahead with protection on the grounds of race, religious belief and sexual orientation. The consultation indicated this can be done with only minor modifications to the proposed approach, although it will be contingent on making sufficient progress in respect of disability and carer status.

‘Much turns on coming up with a sensible definition of disability – it cannot be that someone thinks they are disabled. Lots of other changes are desirable – for example, essentially employers will pay the costs of cases whatever the validity of the claim being chased,’ said Mr Moulton.

He added: ‘There is still no sign of an assessment of the impacts of the proposed rules to ensure they are proportionate. As the States are the biggest employer on the island this should not be hard to do.’

In a joint statement, the Guernsey Institute of Directors, Guernsey Chamber of Commerce, Guernsey International Business Association, the Chartered Institute of Personnel Development and the Confederation of Guernsey Industry welcomed the ESS’s decision to refocus its anti-discrimination legislation proposals on a more limited scope and with some adjustments to the originally proposed approach.

‘We would like to restate that we are fully in favour of anti-discrimination legislation and that support has been made clear at every stage of the consultation process.

‘We have been very clear that a proportionate approach will be welcomed and supported by the business groups. We have also stated that because a significant number of businesses based in Guernsey have Jersey or UK offices, mirroring the existing Jersey or UK legislation would deliver an efficient and smooth transition.

‘We look forward to meeting with representatives from ESS to discuss the revised scope of the proposals.’

Being transgender – and the law Page 26