GPEG says only lawyers will benefit if deputies back new law

Friday 02 September 2022

A local think tank says "the only clear winners will be employment lawyers" if the States approve a draft anti-discrimination law later this month.

GPEG - whose directors include Lord Digby Jones, Jon Moulton and Connie Helyar-Wilkinson - is making a final appeal for deputies to reject the "drastic proposals...without any significant evidence of the potential problem and the number of people who could stand to benefit from such legislation".

But Deputy Peter Roffey, the President of the Committee for Employment & Social Security, which is taking the proposed law to the States, rejected GPEG's claims and said the draft law is supported by the island's main business representative bodies and is needed to protect Guernsey's reputation internationally.

"We’ve engaged with established local business groups throughout this process and changed a number of key aspects of the policy proposals for the new discrimination legislation in response to their informed feedback received through the island-wide public consultation process that was carried out in 2019," said Deputy Roffey. 

He said "these policy proposals were approved by the States in July 2020" and the draft ordinance [law] "has been drafted in line with those policies". 

"We're pleased that the Guernsey International Business Association and the Guernsey branches of the Institute of Directors, the Chamber of Commerce and the Chartered Institute of Personnel and Development all see this ordinance as a reasonable compromise for Guernsey and recognise the damage that would be caused to Guernsey’s reputation if we as an island were seen to be unwilling to meet important standards which are in place in most of the jurisdictions with which we do business, and have been for some time."

Pictured: The Committee for Employment & Social Security hopes the new law will come into effect in October 2023 if the States approve it later this month.

GPEG yesterday published a report with a lengthy list of objections to the final draft of the proposed new law. The revisions made to previous drafts have done little to assuage the think tank's concerns and its report concludes with this warning to businesses: "we strongly recommend that if you can find a way to invest in employment lawyers - you consider it seriously".

It said it "positively supports sensible anti-discrimination actions" and that "none of the content on race, carer status, sexual orientation or religious belief poses any major basis for objections". But it said the proposals on economic and employment issues "will cause economic harm as well as generating unfriendly employer/employee relationships".

"We have been clear throughout this process that we are not against anti-discrimination legislation," it said. "What we do not agree with is a disproportionate response to a problem - most particularly in the area of employment. What is needed is a solution that is proportionate and appropriate to the problem and meets the needs of islanders. This legislation is not it."

Pictured: GPEG claims that the definition of disability proposed in the draft law "would have every Guernsey person defined as disabled".

GPEG said the definition of disability in the draft law is "too wide in scope...revolutionary in flavour, seriously idealistic and readily disputed".

It fears that the cost of the legislation to the States and private businesses have been under-estimated and are "significant and disproportionate to the problem it seeks to address". It now estimates that the law could cost the States around £5million in its first year and £3m annually in future years and medium-sized private businesses up to £250,000 in its first year.

GPEG warned that "the impact of such legislation on the employer/employee relationship would also be significant and will lead to opportunities for the unscrupulous to benefit at the cost of the employer". 

It also criticised sections of the law which deal with compensation for injury to feelings and with employers' duties to make reasonable adjustments for disabled employees. 

In addition, GPEG is unhappy with proposals to allow the Committee - rather than the States - to amend aspects of the legislation in the future.

GPEG's paper can be read in full HERE.

Deputy Roffey said that his Committee had previously responded in detail to similar concerns raised by GPEG earlier this year. The Committee's response can be read HERE.  

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Anti-discrimination law published and submitted to the States

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