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“Pulling Jersey into line with the UK in respect of equality legislation, albeit some 49 years later.


” Milestones by STEPHANIE SANDERSON, ENGLISH SOLICITOR, VOISIN


The Discrimination (Jersey) Law 2013 (the “Law”) is viewed by some as a law introduced by a nanny state which has the potential to destroy workplace cultures. However, the introduction of the Law has gone some way in pulling Jersey into line with the UK in respect of equality legislation, albeit some 49 years later.


There is more legislation yet to be introduced which will provide protection against discrimination to those not yet safeguarded by the current umbrella of the Law, whether it be in relation to employment, the provision of goods and services, education or the disposal or management of premises. Below are some of the milestones in the history of Jersey’s discrimination law and those that are on the horizon.


The history of the development of protection against discrimination in Jersey stretches back to 1991 with a number of codes of practice dealing particularly with the issue of sex discrimination, sexual harassment and maternity rights. Discussions and consultations regarding anti- discrimination legislation continued but were put on hold in 2011 after the Home Affairs Department’s budget for Discrimination Legislation was agreed as a saving under the Comprehensive Spending Review. It was not until May 2012 that the Minister for Social Security submitted the first law drafting instructions to


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the law draftsman in respect of the Law. Arguments put to the States in favour of the introduction of the Law included;


“…Jersey must have the necessary legislation in place in order to command respect internationally as a jurisdiction that promotes modern standards of respect for individuals’ rights and equality”.


Such arguments were coupled with statistical data gathered via the Jersey Annual Social Survey in which Islanders reported that they were being discriminated against, thus highlighting the need for Islanders to be afforded the type of protection against discrimination which the Law seeks to provide. Following consultation and further debate by the States, the Law came into force on 1 September 2014.


The first characteristic to be protected under the Law was race. This encapsulated; colour, nationality, national origins and ethnic origins. Legal practitioners did not anticipate a rush of claims to flood the newly established Jersey Employment and Discrimination Tribunal (the “JEDT”) upon the enactment of the Law and they were correct. Only three discrimination claims were reported by the JEDT in their 2014 annual report. The first claim publicly made under the Law was against LibertyBus in relation to their eligibility criteria for bus passes


which saw women born in Jersey receiving their passes at 60 years old, whereas women born outside of the Island had to wait until they were 65.


After allowing the Island some time to get to grips with the ramifications of the Law, regulations came into effect in 2015 on the first anniversary of the Law’s introduction. The Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 extended the protection of the Law to discrimination on the grounds of sex, sexual orientation, gender reassignment and pregnancy and maternity. Age is due to be introduced as a protected characteristic in 2016 with disability to be introduced in 2017-2018. At the time of writing, it is not known whether any sex discrimination claims have been brought to the JEDT, although it is understood that there has been an increase in the number of enquiries relating to sex discrimination being received generally.


With no discrimination claims having been determined by the JEDT as yet, no doubt the first will be widely reported…watch this space!


For further information please contact Stephanie Sanderson: email:


stephaniesanderson@voisinlaw.com or call 01534 500326 or visit our website: www.voisinlaw.com


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