This page contains information about the Prevention of Discrimination (Guernsey) Ordinance, 2022 that came into force on 1st October 2023, and how this might affect employers, employees and other members of the public.
Discrimination is when someone is treated less favourably than another person. Anti-discrimination legislation promotes and protects people's right to equality of status, opportunity, and treatment on the basis of various 'grounds of protection'.
Guernsey already has the Sex Discrimination Ordinance which makes sex discrimination in employment unlawful. The Prevention of Discrimination (Guernsey) Ordinance, 2022 provides protection against discrimination on the grounds of race, disability, carer status, sexual orientation and religion or belief in employment, the provision of goods and services, education, accommodation and in the membership of clubs and associations.
When was the discrimination legislation introduced?
The Ordinance was approved by the States in September 2022 and came into force on 1st October 2023.
There are some delayed provisions which will come into force in the future.
- Complaints about education won't be possible until at least 1st September 2025.
- The duty to make reasonable adjustments to physical features will come in on 1st October 2028 at the earliest.
- The requirement for the public sector to produce accessibility action plans will come in on 1st October 2028 at the earliest.
What training is available?
The Consortium were commissioned to develop a series of training courses, which are available at Consortium.gg
The courses are:
- Foundation level- principles of equality and diversity and a basic introduction to the new Ordinance
- Introduction to the Prevention of Discrimination Ordinance
- Employers' responsibilities
- Service providers responsibilities
- Access and reasonable adjustments.
Online disability awareness training
Online disability awareness training has been commissioned by the States of Guernsey, created by AccessAble. To undertake this free training, you will need to create an account.
Guidance documents
The Committee for Employment & Social Security has published two Guidance documents about the Prevention of Discrimination Ordinance, in accordance with section 67 (2) of the Ordinance.
The Employment Guide and the Service Providers Guide can be accessed by the download on this page or by visiting the Employment and Equal Opportunities website. Summary documents of both guides are also available as well as other guidance and information which will support businesses and organisations when preparing for the Ordinance.
Employment and Equal Opportunities Service
The Employment Relations Service has now transitioned into the Employment & Equal Opportunities Service (EEOS). This service offers free advice and pre-complaint conciliation to try to help people to resolve issues before a formal complaint is registered. Post-complaint concilliation is also offered. Guidance and information is available on the EEOS website.
Frequently asked questions
Who has protection under discrimination legislation?
- Sex Discrimination Ordinance which makes sex discrimination in employment unlawful.
- The Prevention of Discrimination (Guernsey) Ordinance, 2022 (phase one) provides protection against discrimination on the grounds of race, disability, carer status, sexual orientation and religion or belief. This protection is in employment, the provision of goods and services, education, accommodation and in the membership of clubs and associations.
What protection do I have as an employee or service user?
- Employees have protection against discrimination in employment on the grounds of sex, marriage and gender reassignment under the Sex Discrimination Ordinance.
- The Prevention of Discrimination Ordinance introduces protection from discrimination for the following grounds: race, disability, carer status, religion or belief and sexual orientation. This protection is in employment and also when people are accessing goods, services and facilities, accommodation and as members of clubs and associations.
What do employers need to consider?
- Employers should consider all elements of an employee's working life:
- Review policies and procedures to ensure they do not indirectly discriminate against someone on the basis of the protected grounds.
- Consider implementing an harassment policy and a diversity and inclusion policy.
- Train management and staff to understand their duties and responsibilities.
- Make reasonable adjustments if requested by employees.
- Checking whether there are differences in pay between people doing the same or substantially similar jobs related to the protected grounds.
- Review questions that are asked in application forms or during interviews.
- (This list is not exhaustive)
What do service providers need to consider?
- Service providers will be required to ensure that they are not discriminating against service users or customers:
- Review policies and procedures to ensure they do not indirectly discriminate against someone on the basis of the protected grounds.
- The legislation will also place a duty on service providers to make reasonable adjustments to enable disabled people to have the same opportunities as others and be fully included in society.
- For providers of goods and services and education the reasonable adjustment duty is anticipatory. This means that they should think in advance about how to meet relatively common access needs.
- Train staff to understand their duties and responsibilities.
- (This list is not exhaustive)
What are reasonable adjustments?
- Reasonable adjustments are changes that enable disabled people to have the same opportunities as others and be fully included in society. The legislation will place a duty on employers and service providers to make reasonable adjustments. The adjustment might be a change in policy or procedure, a change to physical features to allow access or providing an auxiliary aid.
- A physical feature is a feature arising from the design or construction of a building, a feature of an approach to, exit from or access to a building or a fixture or fitting in, or on, a premises.
- Examples of a reasonable adjustment might be to make existing facilities or information accessible, providing training, providing a service in a different way, adjusting someone's work tasks or working hours, providing equipment, adjusting curricula, learning materials and teaching strategies or just doing things slightly differently.
- Adjustments would not have to be made unless the disabled person would suffer a substantial disadvantage without the adjustment.
- Denying someone a reasonable adjustment would be unlawful discrimination unless it would be a disproportionate burden for the employer or service provider to provide the adjustment. This might depend on the financial cost, other costs such as staff time, impact of productivity, disruption involved or the size and financial resources of the employer.
What are the different types of discrimination?
- Direct discrimination
- Direct discrimination is treating someone less favourably than another person (or people) in a similar situation or circumstances. The reason for the different treatment must be clearly linked to one or more of the grounds of protection for it to be unlawful.
- Indirect discrimination
- Indirect discrimination is putting rules or arrangements in place that equally apply to everyone, but that put a person or group of people at a disadvantage compared with other persons because of any of the protected grounds. It can be lawful to have specific rules or arrangements in place which lead to a disadvantage, as long as they can be objectively justified.
- Discrimination by association
- Discrimination by association is when someone is treated less favourably than another person (or people) in a similar situation or circumstances because of their association with another person who has a protected ground.
- Discrimination arising from disability
- Discrimination arising from disability is when a person is treated unfavourably because of something arising from their disability.
There is a separate webpage which provides information about how the new legislation was developed.
