Guernsey’s new discrimination law: ensuring fairness and equal opportunities

Guernsey is set to introduce a new anti-discrimination law, namely the Prevention of Discrimination (Guernsey) Ordinance, 2022 (“the Ordinance”).

This long-awaited legislation will protect individuals from discrimination based on race, disability, carer status, sexual orientation, and religious belief.

The Ordinance aims to create a level playing field and ensure that no one is treated unfairly in Guernsey.

With a commencement date of 1st October 2023, businesses now have only limited time to prepare for the upcoming changes.

Expanding Protection and Encouraging Inclusion:

The Ordinance extends protection against discrimination beyond employment to various areas such as the provision of goods and services, education, clubs and associations and accommodation. By doing so, it aims to safeguard individuals from discriminatory practices in all aspects of life.

The inclusion of carer status as a protected ground also addresses a significant aspect of inequality, providing clearer guidelines for employers and enhancing the understanding of employees’ rights.

Balancing Employer Responsibilities:

While some businesses have expressed concerns about the potential burden on employers, it is important to note that the Ordinance aims to take a proportionate approach. It seeks to provide protection for employees while considering the practical and financial implications for employers. For instance, compensation for discrimination in the workplace will be capped at six months’ pay, along with additional compensation for injury to feelings, hurt or distress of up to £10,000.

Preparing for the Future:

With the Ordinance coming into force in October 2023, it is crucial for businesses to prepare accordingly. Employers should review their policies, conduct audits of employees’ pay and terms, and organise training sessions for employees.

Identifying the types of adjustments that may be required for disabled employees and assessing their impact on the company’s operations is also essential.

By taking proactive measures and seeking professional advice, businesses can ensure a smooth transition to the new legal framework and promote a fair and inclusive working environment.

Conclusion

Guernsey’s new discrimination law marks an important milestone in promoting fairness, equality, and inclusivity on the island.

Please contact Robin Gist or Alison Antill for any questions or assistance regarding the new legislation.