Legislative changes that will see the maximum compensation awarded to islanders who are discriminated against by their employer rise to £30,000 are “ridiculous” and “ruinous”, according to an employment law expert.
Dexter Flynn from Voisin Law said the changes will make Jersey a “very unattractive place to do business”.
It comes after politicians unanimously backed an amended proposition from Social Security Minister Lyndsay Feltham which will see the maximum compensation for discrimination by an employer increase from £10,000 to £30,000.
Compensation awards will be increased from a maximum of four weeks’ pay to a maximum of eight weeks’ pay under the new law, and the maximum award for hurt and distress will increase from £5,000 to £30,000.
“This has the potential of being ruinous”
“It is ridiculous,” said Mr Flynn.
“We continue to expose many small businesses on island to social justice standards that are just not appropriate for a population of our size.
“This has the potential of being ruinous to small business and a drain on some of our more substantial businesses too. Jersey is becoming a very unattractive place to do business.
“States members are out of touch.”
He also raised concerns that the changes would encourage more vexatious claims.
“It may be impolitic but these changes encourage, say, more malingerers to deploy disability discrimination ‘claims’ and detract from those people who unfortunately experience such prejudice for whom the law is there to properly protect,” explained Mr Flynn.
“People say Jersey is a great island to live in. If that is so, why do we need such overbearing Government interference from a social justice perspective?
“Perhaps as islanders, we are not as nice as we seem to think we are.
“Why could we simply not leave as is?”
A “fresh emphasis on making Jersey one of the best workplaces in the world”
However, others have welcomed the changes.
Simon Nash, Group Managing Director at employment specialist Law At Work, said he welcomed this “fresh emphasis on making Jersey one of the best workplaces in the world”.
He explained: “These changes to the Employment and Discrimination Laws were the recommendation of the independent Employment Forum, who consulted widely on the issues in 2024.
“The best employers in the island are already ahead of these issues with modern policies and up-to-date training, based on the right advice.
“There is still time for all employers to ensure they have ethical workplace policies and high-quality training in all aspects of employment and discrimination.
“So alongside many of our progressive and ethical clients, we welcome this fresh emphasis on making Jersey one of the best workplaces in the world.”