MOrsel - Jersey disability discrimination update

Following public consultation, the Minister for Social Security has released the draft Discrimination (Disability) (Jersey) Regulations 201- which will prohibit discrimination on the grounds of disability. The Regulations are due to be debated by the States of Jersey on 20 March 2018 and, if approved, will come into force on 1 September 2018. Here are some of the key highlights:

Meaning of disability

The proposed definition is quite different from that adopted under the UK's Equality Act and is broad in its scope. Its approach is more aligned with a social model than a medical model with the expectation that there will be no requirement for a detailed examination of personal functionality of the claimant. There is a requirement for the individual to have a 'long-term' impairment. Following the consultation, the Minister has proposed that a 'long-term' impairment is one which has lasted or is expected to last for at least six months.

Discrimination arising from a disability

It will be prohibited to discriminate against a disabled person because of something arising 'in consequence' of that person's disability. This protection is necessary to ensure that a person with a disability is not discriminated against as a result of something related to their disability rather than the disability itself. For example, the need to follow a restricted diet or the need for specialist computer equipment.

Reasonable adjustments

The Regulations introduce a duty to make reasonable adjustments. When deciding whether reasonable steps have been taken, regard will be had to the costs, size and nature of the business, extent to which any steps would be effective and the extent to which the business could reasonably have foreseen the need for the adjustment in question. The duty to make alterations to the physical features of premises is likely to come into force on 1 September 2020.

We will keep you updated on the progress of the Regulations. If you have any questions in the meantime on the impact for you, do get in touch.