Discrimination Legislation

With the consultation coming to an end in September 2019, and following a review of the feedback received, the Committee for Employment & Social Security have now decided to reduce the focus of the proposals.

The Committee released a statement in November 2019 stating their intention to progress the work focusing on protection for disabled people and carers of disabled people (a reduction from protection for all carers). The definition of disability is also likely to be revisited making it more commercial minded and easier for employers to implement in practice.

Alongside disability discrimination, the Committee also aims, to introduce protections for race discrimination, religious belief and sexual orientation. Work is also in progress regarding the Equality Rights Organisation with various models, structures and the functions of the ERO being considered. Similar work is being conducted for the Employment & Discrimination Tribunal who will no doubt be needing more panel members and people with legal expertise to adjudicate claims.

The Committee continues to work towards submitting a policy letter for approval to the States by April 2020. Should this be approved, it is unlikely that the legislation will come into force before the middle of 2021, as the law still needs to be drafted. This being said employers should begin thinking about:-

  • Their recruitment processes including, job adverts, application forms, job descriptions and selection procedures.
  • Their policies and procedures on equal opportunities, managing sickness absence, diversity, flexible working and bullying and harassment.
  • How best to service clients and those utilising your products and services as the protections apply to the field of goods and services.
  • Providing employees with training on these aspects.

More information can be found at and we will keep you posted on developments as they happen.

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