Business groups want to pause new anti-discrimination law

The business groups, including three of the so-called G4, have told Employment & Social Security president Peter Roffey that they still support the law, but they believe that a delay was now needed to set the foundations for the ‘successful implementation’ of the legislation – in particular to allow for the occupational health infrastructure to be expanded.

Businesses impacted by the fall-out from Brexit and Covid also need a period of ‘normal trading’, according to a joint letter penned by the local branch of the Institute of Directors, the Chamber of Commerce, Chartered Institute of Personnel and Development and the Guernsey International Business Association.

Karen Blanchford, from Equality Guernsey, said in response: ‘We are very happy to see the support for the legislation. The support of these business groups is reassuring for the legislation and the island’s international standing.

‘In terms of the timing and phasing, we are currently arranging a time to discuss this further with the business groups.’

In their letter, the business groups said they still believed that the controversial anti-discrimination ordinance represented ‘a reasonable compromise’ for Guernsey.

They understood and agreed that the island would not want to be seen as ‘reversing’ from the States vote from July 2020 to introduce the legislation.

‘This could be damaging to the message that it sends about Guernsey plc’s willingness to meet important standards which are in place in most of the places with which we do business and have been for some time.

‘Having invested significant and valuable States time on designing the anti-discrimination regime, our groups would ask the States to now focus on addressing the island’s other present and serious issues with population, housing and tax, to best ensure that the island remains open for business and able to support all members of our island community.’

But concerns remained, including the long-lasting impact on some sectors from Covid, and worries about occupational health resources and support which might be in heavy demand from the new legislation.

‘Businesses are struggling already to get occupational health support. The need for that support is one of the most significant practical issues arising from the new regime and if the regime is launched without it in place, it risks being doomed to fail.

‘That is not an outcome we want to see.’

Foundations for the ‘successful implementation’ of the legislation would be best achieved, they said, by a short delay to allow business to experience normal trading for a while, and ti build occupational health infrastructure.

‘Both of these aspects need to be addressed for the island to benefit from properly implemented legislation.

‘We emphasise “short period” – we are not asking the States to defer the regime proposals indefinitely and would suggest a short pause of around 12 to 18 months.’

The business groups are also proposing a look again at phasing in the protected characteristics under the law.