Discrimination

Employers are encouraged to review their policies so as to ensure that they are compliant with the Law. To assist Employers, we have prepared an Employers' Checklist.

To help employers develop and introduce policies and procedures that support their objectives to be non-discriminatory, JACS has developed a number of guidelines and model policies.

The Discrimination (Jersey) Law 2013 protects against discrimination in employment based on:

• Race
• Sex (including sexual orientation, gender reassignment, pregnancy/maternity)
• Age
• Disability

Applies to all employers in Jersey, including agencies, partnerships, and voluntary work.

• Race: Includes colour, nationality, national/ethnic origins (e.g., Polish, Scottish, Roma).
• Sex: Male, female, intersex.
• Sexual Orientation: Same, different, or both sexes
• Gender Reassignment: Transgender individuals.
• Age: Any age group.
• Disability

• Unconscious Bias: Even unintentional discrimination can be unlawful.
• Perception-Based Harassment: If the conduct is perceived as offensive and a reasonable person agrees, it may be harassment.
• Instruction to Discriminate: Employers can be liable for instructing staff to discriminate.

• Employers are liable for any acts of discrimination by employees unless they can prove they took all reasonable steps to prevent it (e.g., policies, training).
• Liability applies even if the employer was unaware of the act.
• Individual Employees/colleagues can be held liable and responsible for any act of discrimination.

• Claims must be made no later than 7 weeks and 6 days of the last discriminatory act.
• Remedies include:
  • Declarations
  • Compensation (up to £30,000, for hurt and distress and/or loss of earnings)
  • Recommendations for employer action

• Positive Action: Encouraging underrepresented groups (e.g., male primary teachers) is allowed, but not preferential hiring.
• Genuine Occupational Requirements: Some roles may lawfully require a specific characteristic (e.g., outreach worker for a specific community).
• Domestic Work: Discrimination in hiring for private domestic roles is not unlawful.
• Age-Related Exceptions: Includes benefits based on service length, insurance, childcare, and retirement age (with justification)

The BSL accessible video created by the Disability Team for the Government of Jersey using the JACS guide to Discrimination.

More BSL Videos

What to do

• Act promptly – delays can lead to Tribunal claims.
• Recognise sources of allegations:
• Directly affected individuals.
• Witnesses of harassment.
• Appoint an appropriate investigator/team – consider impartiality and gender balance.
• Document the complaint clearly.
• Explain the investigation process to both parties.
• Gather evidence:
• Witness names from both sides.
• Emails, texts, letters, etc.
• Prepare fair and open-ended questions for both parties.
• Keep detailed records and notes throughout.
• Write a comprehensive report:
• Include all evidence.
• Recommend next steps (e.g., disciplinary action), but not the final outcome.

What not to do?

• Dismiss the complaint or the complainant.
• Delay the investigation due to workload.
• Ignore internal procedures (e.g., staff handbook).
• Appoint biased investigators (e.g., close friends of the accused).
• Promise full confidentiality – aim for discretion without compromising the process.
• Overlook witnesses suggested by either party.
• Keep informal or no notes – documentation is essential.
• Fail to update the complainant on progress.
• Avoid making a conclusion – provide a reasoned outcome.
• Allow victimization of the complainant.
• Ignore training or corrective actions if harassment is confirmed.

A swift and fair investigation can often resolve issues without escalation. Objectivity, transparency, and thoroughness are essential.

How much do you know about Discrimination in the workplace?

Watch our short video to learn about a case study on this subject.

If you have any concerns or need some advice, please feel free to reach out to us.