MOrsel: Discrimination update – Guernsey's new framework now imminent

The Prevention of Discrimination (Guernsey) Ordinance, 2022 comes into force on 1 October, providing protection against discrimination on the grounds of disability, race, carer status, sexual orientation and religion or belief. A new website is now live for the Employment and Equal Opportunities Service at https://eeos.gg/ containing useful guidance and resources.

The guidance explains that employers will be vicariously liable for the acts of their employees even if they were done without their knowledge or approval, unless the employer can demonstrate that they took all such steps as were reasonably practicable to prevent the employee from doing that act. The guidance explains that "As a minimum this would require employers to:

1. have an equal opportunities policy;
2. have provided equality training to staff;
3. have sought to address issues when they became aware of them."

With the commencement date for the new law now imminent, please get in touch if you require assistance with staff training and/or to ensure that employment contracts and handbooks are compliant. We are also able to assist with ensuring any Jersey contracts and handbooks are also up to date.