Employers urged to prepare for new disability laws

Monday 29 January 2018

Employers will have to take "reasonable steps" to make sure their offices can be accessed by people with disabilities, under new laws which are due to come into force in September.

If agreed by the States later this year, the new law would give them further two years to make the necessary changes.

The changes come as part of the final part of the discrimination law which already protects people being judged on race, sex and age.

This final stage requires a change in attitudes surrounding disability, as well as physical changes in work premises and service providers - at the cost to the business - so they are accessible to all islanders.

Around 14% of Jersey’s population – that’s around 14,000 islanders - live with a disability according to the Disability Strategy launched by the Chief Minister in May 2017. It also identified that around 35,000 people live with a sensory, physical or mental impairment which affects everyday tasks. That number is expected to grow as the island prepares for an ageing population in future. In the latest Jersey Opinions and Lifestyle Survey, almost a quarter (23%) of adults felt they had been discriminated against in the previous 12 months, 3% of those reported to be discriminated on grounds of disability. 

The new law will protect disabled islanders from four types of discrimination; direct, indirect, victimisation and harassment. This covers dismissal from a job, abuse and unfair treatment because of a disability in all areas of work, education, training, clubs and associations. If anyone feels they have been victim to any of these, they could have their complaint heard by a Tribunal and be awarded up to £10,000 in compensation.

Pictured: The new law will enable anyone who feels they've been discriminated against due to a disability to have their case heard by a Tribunal. 

The draft law follows a public consultation between September and November last year. General support was given in the 178 responses received from employers, unions, charities and organisations as well as individuals, but there was some concern on the time allowance given for physical changes to premises. The Social Security Minister felt the two-year adjustment period, which requires changes to be in place by September 2020 is adequate “given the preparation time that businesses have already had.”

The report by the Social Security department which accompanies the disability discrimination draft law also states that; “In any event, the duty is only to do what is reasonable. If businesses have genuinely not had time to make the necessary changes, then the Tribunal will be entitled to take that into account.”

Pictured: The Social Security Minister praises the 'quiet hour' initiative taken by the Co-op to help improve shopping for people with autism. 

The Minister, Deputy Susie Pinel said: “All of us are likely to be affected by disability at some point in our lives, be it personally, or in relation to a family member, friend or colleague. Our aim is to remove obstacles and barriers placed in the way of disabled people. Many people automatically think of installing ramps and lifts. Improving the accessibility of buildings is important, but there are many other reasonable adjustments that can be made that are cheap and easy to implement. I was very impressed with recent ‘quiet hour’ initiative taken up by the Co-op in conjunction with local charity Autism Jersey. This is the sort of effective but inexpensive step that can improve the lives of disabled people in Jersey.

I had given a commitment to introduce protection against disability discrimination this year and I am pleased that we are on track to achieve this.”

The draft law will be debated by the States Assembly on 20 March 2018. If approved, it will come into force on 1 September 2018 with businesses given until September 2020 to adapt their premises. Training and advice is available from Jersey Advisory and Conciliation Service and Citizens Advice Jersey.