The Prevention of Discrimination (Guernsey) Ordinance, 2022

The Prevention of Discrimination (Guernsey) Ordinance, 2022 came into force on 1 October 2023. This update provides a brief overview of its provisions.

Commencement date: 1 October 2023

Types of discrimination in brief

• Direct discrimination – less favourable treatment because of a protected ground.
• Indirect discrimination – a provision, criterion or practice that puts persons with a protected ground at a particular disadvantage when compared to persons without that protected ground.
• Discrimination by association - discrimination against a person by virtue of their association with a person who has a protected ground.
• Discrimination arising from disability – unfavourable treatment because of something arising in consequence of a person's disability.
• Victimisation – detrimental treatment because a person has (among other things) made a complaint under the Ordinance.
• Harassment – unwanted conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading or humiliating environment for that person.

Duty to make reasonable adjustments

Where a provision, criterion or practice or a physical feature (including the lack of an auxiliary aid) puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled, an employer must take reasonable steps to avoid that disadvantage unless to do so would be a disproportionate burden.

Equal pay and equal treatment

Where a person with a protected ground is employed to do work that is equal to that of a comparator (who is a real person) without that protected ground, an equal pay clause is implied into their contract.

Where a person with a protected ground is employed to do work that is not materially different to that of a comparator (who need not be a real person) without that protected ground, an equal treatment clause is implied into their contract.

Time limit for bringing claims

Three months from the day the last act complained of occurred (but the Tribunal has discretion to extend).

Awards (work related)

Up to 6 months' pay (or up to 9 months' where combined with Unfair Dismissal or a second ground of discrimination); and

Up to £10,000 for injury to feelings (calculated by reference to severity of effect according to lower/middle/top band).

Victimisation is a standalone claim with awards of up to 6 months' pay and up to £10,000 for injury to feelings as above.

The award following a successful equal pay claim is the difference in pay up to a maximum 6 years' arrears.