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Anti-Discrimination Legislation

 

 

STOP PRESS: The proposed amendments to the legislation have been posted on the States website. They include a proposal to exempt businesses with five employees or fewer from the carer and disability aspects of the legislation. To understand the amendments, read Bailiwick Express’s review.

 

Introduction

Guernsey is one of the last places in the world to protect its citizens from discrimination. But at the States meeting starting on 28 September, Deputies are due to sign off the last stage of a long and complex process to bring in anti-discrimination legislation.

Without legislation, people who feel they have been discriminated against have no power to change the way they have been treated – they can try to negotiate but ultimately an employer or service provider can just say no. Legislation – and all the training and awareness-raising that goes with it – brings a more level playing field, making organisations more alert and giving individuals more confidence to speak up.

Assuming The Prevention of Discrimination (Guernsey) Ordinance is approved in September, organisations will have a year to prepare before the implementation of Phase 1 in October 2023. Note that physical changes to buildings will not need to be completed until five years after the introduction of the legislation. Any changes that need to be made to better include disabled islanders will be based on the concept of ‘reasonable adjustment‘ which takes into account the resources of the organisation.

The Committee for Employment and Social Security (ESS) will be encouraging organisations to review their processes and premises in advance to make sure they comply with the law. Guidance and training will be available from Q4 2022 and can be booked on the consortium.gg website.

From October 2023, formal complaints about discrimination will be handled by an Employment and Equal Opportunities Service, developed from the existing Employment Relations Service. The first stage will be to try to resolve the matter by conciliation. If conciliation isn’t accepted or doesn’t succeed, the case will go forward to an Employment and Discrimination Tribunal.

 

Quick overview

The best place to start for an overview of the proposed law is gov.gg/discrimination. This page includes the ordinance itself, plus FAQs and myth-busters.

The Guernsey Disability Alliance has also produced useful factsheets.

 

The law in detail

To understand the law in detail, read the policy paper from 2020 that set out the instructions for the law officers to create the ordinance.

You can also watch a recording of the joint briefing from the Guernsey Disability Alliance and the Committee for Employment and Social Security held on 6 September at the Cotils.

 

The phases

Phase 1: disability, race, carer status, sexual orientation and religious belief. Implementation on 1 October 2023.

Phase 2: age, sex, pregnancy and maternity, marital status and gender reassignment. Implementation (estimated) in 2024.

 

Contentious issues

The law is the result of extensive consultation with groups representing people at risk of discrimination and business groups. It has not been possible to get agreement on every issue so the Committee for Employment and Social Security has had to weigh up the evidence and take decisions in order to progress. There’s been a lot of compromise.

The G4 group of business organisations (IoD, Chamber, GIBA, CIPD) has declared its support for the legislation.

The most vocal criticisms have come from the Guernsey Political and Economic Group (GPEG).

ESS has written a ‘myth-buster’ document to reassure businesses that they will not, for example, be forced to employ someone who can’t fulfil the requirements of the job.

Chair of the IoD, Wendy Dorey, was interviewed by BBC Guernsey recently saying “We are happy that it is proportionate and also that this concept of reasonable adjustment is in place which makes sure that it is affordable for most businesses… It’s just being able to meet the needs of your employees, maybe in a different way.” Transcript of Wendy’s interview.

 

Discrimination on the basis of sex

Guernsey already has an ordinance against discrimination on the grounds of sex, gender reassignment and being married. However, it only covers employment – not goods and services. Goods and services will be added in Phase 2 (estimated for implementation in 2024).

At the same time, the current Sex Discrimination in Employment ordinance will be amended so that it matches up with the new ordinance. The main impact is that the financial penalty for sex discrimination is scheduled to increase from three months pay to up to six months pay, plus potentially up to £10,000 for injury to feelings.

More about sex discrimination here: gov.gg/sexdiscrimination, including the results of a 2018 consultation on sex discrimination in Guernsey.

Note that positive action is permitted under the new ordinance, so treating an under-represented group differently to promote equality is allowed. The work of Women in Public Life is an example of positive action.

 

Media coverage of final ordinance

19 Aug 2022: BBC Guernsey interview with Liberate’s Ellie Jones (1:07:50) and Deputy Lindsay de Sausmarez (2:07:55) on the day the ordinance was lodged as an item for debate.

22 Aug 2022: Anti-discrimination law published and submitted to the States (Bailiwick Express)

23 Aug 2022: ‘Anyone who is wavering can come and speak to us’ (Bailiwick Express)

24 Aug 2022: BBC Guernsey interview with IoD Chair, Wendy Dorey (1:08:10) and Deputies de Sausmarez and Meerveld (2:07:10).

3 Sept 2022: Gpeg still has cost concerns over anti-discrimination laws (Guernsey Press)

 

Events

To take part in events celebrating the new legislation, including being on the steps of the States to welcome Deputies on 28 September, follow Equality Guernsey.

 

This page will be updated as the States meeting approaches.

 

 

 

 

Guernsey’s iconic women of the future?

Thank you for nominating a young woman or girl for our future iconic Guernsey women campaign to celebrate International Women’s Day!

Nominations close on Sunday 6 March at 17.00.

Please fill in the details below.

miriam-makeba-SA

Miriam Makeba - South Africa

Nominated by: Christine James

Zenzile Miriam Makeba (1932 to 2008), nicknamed Mama Africa, was a South African singer, songwriter, actress, United Nations goodwill ambassador, and civil rights activist. Associated with musical genres including Afropop, jazz, and world music, she was an advocate against apartheid and white-minority government in South Africa. In 2020 she was named one of Time magazine’s 100 women of the century. 

South Africa is ranked 12th in the world for percentage of women in national parliament: 45.8% (source: data.ipu.org) 

Are you from South Africa? Please email hello@womeninpubliclife.gg if there is a social or cultural group for people from South Africa in Guernsey.

Want to learn more about public office vacancies in Guernsey? 

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The original image “The Hague Jazz 2008 – Miriam Makeba” by Haags Uitburo is licensed under CC BY-NC-SA 2.0. 

jacinda-adern-2

Jacinda Ardern - New Zealand

Nominated by: Martin Lock

Jacinda Ardern (born 1980) has served as prime minister of New Zealand and leader of the Labour Party since 2017. In 2019, she led the country through the aftermath of the Christchurch mosque shootings, rapidly introducing strict gun laws in response, and throughout 2020 she directed the country’s widely praised response to the COVID-19 pandemic. Ardern was the world’s second elected head of government to give birth in office when her daughter was born in 2018. ‘An inspiring Prime Minister who brought a nation together with true leadership, empathy and compassion.’

New Zealand is ranked 4th in the world for percentage of women in national parliament: 48.3% (source: data.ipu.org) 

Other iconic women: Dame Whina Cooper, nominated by Claire Fisher, and Kate Sheppard, nominated by Anna Cooper.

Are you from New Zealand? You may be interested in joining the ANZACs in Guernsey Facebook group

Want to learn more about public office vacancies in Guernsey? 

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