Panel backs increased compensation for workplace discrimination

Deputy Lyndsay Feltham Picture: ROB CURRIE. (39671007)

A SCRUTINY panel has praised plans to increase the maximum compensation for employer discrimination as a way to “support vulnerable employees”.

The Health and Social Security Panel has published comments on a proposition lodged by Social Security Minister Lyndsay Feltham.

Deputy Feltham proposed amendments to Jersey’s employment and discrimination legislation last month.

The changes were based on a report and recommendations on the Island’s compensation awards regime published by the Employment Forum in June last year, and included plans to increase the maximum compensation for discrimination by an employer from £10,000 to £50,000.

The maximum award for hurt and distress would also increase from £5,000 to £30,000.

The Scrutiny panel praised the proposed changes as “a positive and progressive development in support of employee rights and protection”.

“The changes address that the current limit of £10,000 compensation has been in place since 2005, has not kept pace with levels of inflation and wages, and is no longer adequate,” the report said.

The panel suggested that the proposed amendments “may encourage employers to consider claims of discrimination in the workplace more seriously”, adding that it “does not feel the increase in potential award value will lead to a rise in weak or vexatious claims”.

It continued: “The panel is encouraged that this will support vulnerable employees, and while this change may not prevent workplace discrimination, it may draw focus to the issues, meaning they are considered more seriously by employers and thereby assist in prevention.”

The panel said that it “would welcome further consideration as to the feasibility of future increases in the caps on compensation” – but noted that “an uncapped system would be too great a step at this time”.

“An emphasis should be placed on education and awareness raising to support best practice through legislative compliance,” it added.

Deputy Feltham’s proposition is due to be debated in the States Assembly next month.

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