- The option to conciliate/mediate remains open to the parties throughout the process until the conclusion of the Hearing.
- After the Hearing, the Tribunal will issue its Decision, giving Reasons for its Decision.
- If an Applicant is successful in their claim, the Tribunal will make an Award in accordance with the provisions of the relevant Law.
- The Tribunals decision may be appealed to the Royal Court on a point of law only.[/breakout]
Islanders are now protected against discrimination, harassment and victimisation on sex, sexual orientation, gender reassignment, pregnancy and maternity issues.
In addition, new family-friendly rights will give employees the right to have paid time off work for antenatal appointments, as well as maternity leave up to 18 weeks, with a right to return to work, paternity leave, adoption leave and the right to request flexible working.
Brochures will be sent out to employers who submit their employee contribution details to the Social Security Department by post, reminding them of the changes.
Social Security Minister Susie Pinel said: ‘This legal protection applies whether you are in the workplace, at school, in a restaurant or a shop.
‘We all need to be aware of our behaviour, and employers need to make sure that their policies comply with the new law.’
Advice and training for employers is available from the Jersey Advisory Conciliation Service.
Islanders who want to find out more about their rights can contact Jersey Citizen’s Advice. Guides are available at JACS’ website and the Citizens Advice Bureau website.
ONE of Jersey’s oldest social clubs accepted its first female member in September – nearly a century after it first opened its doors.
The Jersey United Services Club welcomed into its membership Dawn O’Malley to bring to an end their 91-year status as an all-male organisation.
Ms O’Malley’s entry to the club was approved after its members voted overwhelmingly in favour of opening membership to ex-service women at the club’s AGM in March.
She joins over 300 male members at the Rue de Funchal-based club, which is recognised as the oldest club in Britain for people who have served in the armed forces.
Her acceptance came on the same day that the JEP revealed that the sexual discrimination law could force single-sex clubs with more than 24 members to admit both men and women.
Ms O’Malley (67), who served 13 years in the Royal Army Corps, said she hoped her membership would encourage other all-male clubs in the Island to accept female members.
‘I am quite proud. It’s a big thing and you do not realise how much of a difference it will make,’ she said.
‘Future generations shouldn’t have discrimination and I hope that other clubs will follow on from this.’
Club president Peter Whittingham said that the club had been contemplating the decision for a number of years after more and more women showed interest in joining.
‘It’s massive for us. In the past it was said that there would never ever be women members, so it’s a big change,’ he said.
THE expansion of Jersey’s discrimination laws to protect the characteristics of sex, sexual orientation, gender reassignment, pregnancy and maternity 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.
