30 November 2016

Starting Point Employment Law Guide: The Discrimination (Jersey) Law 2013

The Discrimination (Jersey) Law 2013 first came into force on 1 September 2014 and initially applied to race. On 1 September 2015, it was extended to sex and other related characteristics and from 1 September 2016, age was added as a protected characteristic. This employment guide addresses the fundamentals of discrimination law in Jersey and examines how the law was extended in September 2015.

The key points addressed are:

  • What approach to take to the The Discrimination (Jersey) Law 2013 
  • Who has duties under the discrimination law?
  • What the discrimination law means for you as an employer
  • Protected characteristics under the discrimination law
  • The kinds of behaviour prohibited by the discrimination law
  • Liability for discrimination
  • Individual liability for discrimination
  • General exceptions to the discrimination law
  • Positive action to encourage people from groups with different needs or with a past track record of disadvantage or low participation to apply for jobs.
  • Making a complaint - the tribunal
  • Sources of help

To read our full briefing, please download the PDF on the right.

Other laws

The Discrimination Law does not exist in a vacuum – it overlaps and interacts with other laws – in particular the Employment (Jersey) Law 2003 provides that a dismissal will be automatically unfair if the reason or principal reason for the dismissal constitutes an act of discrimination against the employee prohibited by the Discrimination Law.

Amendment No 8 to the Employment Law also adds rights such as maternity/ adoption and leave and pay and the right to ask to work flexibly.

You should ensure that you understand your obligations under the Employment Law as well as the Discrimination Law – looking at either in isolation is not advisable. If you would like legal advice in relation to any specific circumstances, please contact a member of the team.

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