Anxiety over discrimination laws

Friday 24 July 2015

An 80 strong audience packed St Paul’s Centre last week to hear Voisin law firm and Jersey Citizens Advice deliver a thought-provoking presentation on the incoming Sex Discrimination Regulations.

The Regulations will come into force on 1st September 2015 and are designed to protect against acts of discrimination on the grounds of sex, sexual orientation, gender reassignment, pregnancy and maternity.

The free presentation was led by Dexter Flynn, English Solicitor from Voisin, supported by Stephanie Sanderson and Chief Executive of Jersey Citizens Advice, Malcolm Ferey. They used case studies and real-life examples to explain the complexities of the law in relation to the prohibited conduct under the Discrimination (Jersey) Law 2013 in the context of sex discrimination. A key message taken away by the audience of business leaders and managers was that acts of discrimination will leave employers and their employees exposed to a financial liability.

The audience raised questions and the panel discussed the ease with which “office banter” may become offensive, the potential to offend people who are not in the direct conversation, and in some cases, the absence of a defence to claims of discrimination. Jersey Citizens Advice encouraged businesses to use their mediation service for instances of discrimination in the provision of goods and services prior to consulting the tribunal.

Dexter Flynn, English Solicitor, Voisin, said: "The seminar highlighted how much Jersey businesses are trying to embrace the new changes but also how much they still have to do. My overriding message is that everyone needs to be alive to the impact of this legislation whether they agree with it or not.

"Businesses need to start looking at implementing their policies now; the repercussions can be serious if there are any failings in their systems. An employer is vicariously liable for acts of discrimination by its employees during the course of their employment – this applies regardless of whether the acts were done with the employer’s knowledge or approval. It is also important for employees to understand the potentially devastating personal consequences of their actions.

"It is vital that we disseminate this information to our business community to ensure the protection of both our employers and employees. At Voisin we are encouraging all clients old and new to come and talk to us about this area of law and we will assist as many businesses as we can."