Time right for revised law on discrimination, say business organisations

But they have called for an impact analysis of the changes to be made available.

A policy letter has been published outlining the proposed approach to a new anti-discrimination law.

A joint statement from The Institute of Directors, Guernsey Chamber of Commerce, Guernsey International Business Association and Confederation of Guernsey Industry and the Chartered Institute of Personnel Development has been issued in support. The business groups have welcomed the changes made by Employment & Social Security and the significant amount of work done to date on this project.

‘We have always been clear in our support for appropriate anti-discrimination legislation, and over the last two months, the G4 and the CIPD have been able to consider these revised proposals and the policy letter due for debate in July,’ they said.

‘We have been keen advocates for the adoption of the Jersey system as we believe this has been proven to work, could have been rapidly implemented and was familiar to some businesses in Guernsey, especially those with a pan-island presence.

‘Given recent events, we agree that now is the time for action and, therefore, we support the Employment & Social Security’s proposal for anti-disability discrimination. In doing so, we are mindful of employers’ concerns over cost and bureaucracy, particularly at a time when businesses are grappling with Covid-19 and Brexit, and we hope that the States will bear in mind the unprecedented challenges facing the Guernsey business community at this time.’

They noted that during the review process, they had asked for an impact analysis from the States to help better inform the understanding of the practical implications of the proposed legislation.

‘As the island’s largest employer and estate owner, it is essential that the insights from the States’ analysis are factored in,’ they said. ‘That has not been made available and we ask again for this vital analysis to help prepare local businesses and ensure successful implementation when the detailed legislation and guidance is drafted.’

They said they were keen to work alongside government and other stakeholders throughout the legislative process to ensure smooth and successful implementation.

‘The business community will need time and support to adapt to the significant changes that the regime will require of their policies and procedures,’ they said.

‘In that respect, we note that a phased implementation has worked particularly well in Jersey and strongly advocate that a similar approach be taken here.

‘This is particularly important because the legislation is a hybrid of law from different jurisdictions outside of the UK and Jersey. This means there is no ready-made guidance or source of help, nor is there any standard documentation available.

‘As a consequence, extensive guidance will be particularly useful for businesses leaders, especially on the disability elements of the law.

‘Additionally, a particular concern for our members is that the new regime will depend upon an adequately resourced occupational health infrastructure to support the implementation.’