The JCRT believes that the introduction of the Discrimination (Jersey) Law 2013 has been positive, and has created a platform for healthy conversations, especially in workplaces. It is a vital starting point, therefore enabling a cultural shift. The legislation has also served to bring Jersey up to broadly the same standard as other modern jurisdictions, and to meet Jersey’s obligations under international conventions.
However, since 2014, relatively few applications to the Jersey Employment & Discrimination Tribunal have progressed to a full hearing. For example, in 2022, the Employment Tribunal received 82 applications, of which only 33 progressed to a full hearing. The maximum award at Jersey’s tribunal is £10,000 (in total).
As such most cases are settled out of court by employers making the claimant an offer, and usually on the condition that they sign a non-disclosure agreement. This provides little incentive for an employer to comply with the Law, nor take the learning that a case heard at tribunal might encourage them to do. Effectively it means that the Law, as it stands, does not achieve full justice for the claimant.
The JCRT would like to see the following changes to the Discrimination Law in Jersey considered to ensure that it is more effective in eliminating discrimination:
- the inclusion of religion as a protected characteristic,
- significantly more substantial awards at tribunal (perhaps more in line with UK legislation),
- greater legal and financial support, and
- flexiblility with regards to immigration rules, to help claimants on low incomes and on short-term working permits to be able to bring claims to tribunal and achieve justice.
As mentioned previously, we welcome the Justice and Home Affairs Minister’s stated aims to introduce both Hate Crime and Modern Day Slavery legislations in Jersey.
Anecdotal evidence received by the JCRT from charities and representatives and from some of Jersey’s minority communities, suggest that both are needed to combat discrimination and other types of illegal treatment of workers coming to Jersey. We hope that insights from our formal migrant research project will provide useful data to the Minister as she considers the legislation.