The States voted in June to expand Jersey’s anti-discrimination laws on 1 September to protect the characteristics of sex, sexual orientation, gender reassignment and pregnancy and maternity.
They follow laws which were introduced in September last year to protect against racial discrimination.
Click here to read HR consultants Richard Plaster and Vic Tanner Davy’s explanation of what the law changes will mean
Since those laws were introduced only a few cases have been brought before tribunal.
But Richard Plaster, executive director at human resources consultants Law At Work, thinks that there could be far more tribunal cases when the new regulations come into force because many people will be less aware of what is discriminatory in this area.
‘There haven’t been too many cases following the introduction of anti-discrimination law for race, but that’s because people tend to already know what not to say and do when it comes to that characteristic,’ he said. ‘But for sex, sexual orientation, gender reassignment and pregnancy and maternity, a lot of employers simply might not realise things they are doing are discriminatory.
‘In one case I had, for example, a manager implemented some compulsory training at 8 am for all part-time staff.
‘Most of the part-time staff were women and a number of them had child care responsibilities – the issue was that the training was mandatory and they couldn’t make the sessions because of their commitments.
‘That could be considered discrimination against someone with the maternity characteristic under the new laws – but the employer just hadn’t thought about it.’
Mr Plaster warned that that staff will need to be more careful about what they say and do in the work place from September – blonde jokes, pin-up calendars, or comments about gay and transgender people could all, among other things, be deemed discriminatory.
An employer and anyone involved in discrimination could face a fine of up to £10,000 after a tribunal, which will be split between them depending on their level of culpability.
Mr Plaster explained that staff training and up-to-date policies and procedures were the best way for employers to reduce their liability to discrimination action.
While warning that employers need to be ready for new laws, he said that he believed that the anti-discrimination legislation was ‘the right thing to do’ and it will help improve working culture and attitudes.
He also said that encouraging diversity in the work place would give businesses access to a ‘broader range of skills’.
THE expansion of Jersey’s discrimination laws to protect the characteristics of sex, sexual orientation, gender reassignment, pregnancy and maternity next month represents an opportunity for the Island to move its working culture forward.
The laws aim to promote diversity in the workplace and encourage a better working environment and equal opportunities for all workers – which can only be a good thing.
But already employers are being warned that they need to be careful because there are concerns that the new laws will prompt a much higher number of employment tribunal cases than there were following the introduction of anti-racial discrimination laws last year.
And already examples are being cited of situations in which businesses might be taken to court for discriminating against employees without realising it.
Simple things such as an ill-judged application form, the organising of staff training at certain times or arranging to go for drinks on a Friday night could be construed as being discriminatory.
Small businesses, in particular, will be terrified by the prospect of being landed with a potential £10,000 fine, and the administration costs to firms of preparing their policies, procedures and staff for the new laws will already be adding up.
While it is right that everyone should be entitled to equal opportunities in the workplace the new laws must be exercised in the right manner and not used as a tool to punish good employers who have no ill intent.
There is little doubt that the vast majority of us would like to see an end to obscene calendars in the workplace, loutish behaviour or employees being made to feel uncomfortable because of their gender or sexual orientation.
And few would argue that the responsibilities of motherhood should hold a woman back from developing her career and potential as far as possible.
But the new laws must be exercised with caution and common sense, and the employment and discrimination tribunal has a massive responsibility to ensure that this is done.
If the new laws become a vehicle for politically correct opportunists to achieve their ends, then the legislation will become a laughing stock – and that will be counter-productive for everyone.
