It might seem an age since the new discrimination legislation was initially debated in the States. In fact the first consultation began during the summer of 2019. But it’s finally here and the new law – Prevention of Discrimination (Guernsey) Ordinance, 2022 – came into force on 1st October 2023. The law will protect individuals from discrimination on the grounds of race, disability, carer status, sexual orientation and religious belief, and ‘discrimination’ under the new law can be ‘direct’, ‘indirect’, ‘by association’ or ‘arising from disability’.
The onus is on employers (and service providers, clubs and associations) to ensure that they have made suitable preparations for the introduction of the new legislation to avoid any potential issues.
Whilst this is not an exhaustive list, here are a few areas all employers should be considering irrespective of size or sector.
POLICIES AND PROCEDURES
- Review existing policies and procedures to ensure that they don’t indirectly discriminate against anyone under the protected grounds. This might be a company ‘rule’ that places a person or group of people at a disadvantage compared with others.
- If one is not already in place, employers might be advised to introduce an inclusion and diversity policy.
- An audit of staff pay and terms of employment would identify if there are any discrepancies that might lead to future issues.
TRAINING
- Many employers will already have a training programme regarding anti-discrimination and harassment in place. Ensuring that staff are fully aware of their future responsibilities under the new law will be key.
- Recruitment/HR professionals in particular may need training to ensure they are aware of how they can demonstrate compliance with the new legislation when making new appointment decisions.
- Training should be extended to the boardroom to ensure that the most senior staff are wholly aware of discrimination issues.
REASONABLE ADJUSTMENTS
‘Reasonable adjustments’ are simply changes that enable disabled people to have the same opportunities as others. Where a disabled person is placed at a disadvantage compared to others who are not disabled, the employer must take reasonable steps to avoid that disadvantage. This obligation applies to a job applicant or a person who has applied for work experience as well as to an employee and might include:
- The provision of additional equipment – such as a stand-up desk, adapted keyboard or specialised software.
- A review of working hours – for example where an employee relies on having a lift to work from someone who is not available until after standard working hours.
- Making adjustments to physical features of the workplace which might include widening doorways, providing ramps, moving light switches or lowering shelves.Employers are required to consider any requests for reasonable adjustments, but they are not necessarily obliged to agree to them particularly where to do so would impose a ‘disproportionate burden’ on the employer. What constitutes a ‘disproportionate burden’ will depend on the individual circumstances of each case, the employee, the disability, the size of the employer and the resources available to them to make the adjustment. The onus is on the employer to prove that a disproportionate burden exists, and the decision-making process will inevitably involve a balancing act of all the relevant circumstances of the particular situation.
With compensation for employees being up to six months’ salary plus an additional £10,000 (maximum) for ‘injury to feelings’ in any successful claim, employers should have made (or be making) the appropriate preparations.
This is no more than an overview of the key elements involved but there are plenty of free online resources available to all stakeholders including a comprehensive training programme. Visit consortium.gg for more information.
Sources: walkersglobal.com; bedellcristin.com. Please note this is not legal advice
