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Sex discrimination laws to be overhauled

Sex discrimination laws to be overhauled

Wednesday 19 December 2018

Sex discrimination laws to be overhauled

Wednesday 19 December 2018


Research has proven that "many people" in Guernsey feel they have been discriminated against because of their sex, and some felt powerless to do anything about it.

A public consultation was held in September by the Committee for Employment & Social Security which wanted to find out what local experiences there had been, so staff could decide what changes would need to be made to the island's existing discrimination legislation.

While only 57 people replied, 42 said they'd experienced or witnessed discrimination at work. Most of those instances were sex discrimination and some were cases against men.

Other cases included both women and men who felt they had been discriminated against because of childcare responsibilities, had suffered sexual harassment at work or had felt disadvantaged by stereotypes in a male or female dominated team or profession.

Of those claims of discrimination, most of the victims said they didn't do anything about it, while some had raised it as an issue internally at work.

Only a few had sought legal advice or registered a complaint under the Sex Discrimination Ordinance though.

Of the issues raised, a number of examples were given for why nothing was done, including the culture of the workplace, the behaviour of senior leaders, availability of support from HR, concerns about reputational risks and future employment prospects. A lack of confidence or feeling intimidated, attitudes towards childcare and flexible working opportunities, lack of financial support, their own lack of awareness of rights and the stress associated with managing a conflict situation, were all also cited as reasons for doing nothing.

Michelle Le Clerc

Pictured: Deputy Michelle Le Clerc.

With such a "range of views" reflected in the responses, ESS has said there are "some areas which require further thought in the development of proposals for new multi-ground discrimination legislation."

The island's current Sex Discrimination (Employment) (Guernsey) Ordinance, was brought in during 2005, and although it has been amended since, it remains Guernsey's only existing piece of discrimination legislation. Other discrimination legislation is common place elsewhere, banning discrimination on the grounds of age, and sexuality. 

The current Sex Discrimination Ordinance covers work place discrimination on the grounds of sex, gender reassignment and being married, but that is it at the moment. However, ESS said it is now likely that the Committee will suggest that the Sex Discrimination Ordinance is repealed and "relevant provisions incorporated" so that new multi-ground discrimination legislation can be brought in. There's more information here gov.gg/discrimination.

Deputy Michelle Le Clerc, President of the Committee for Employment & Social Security said:

As we develop proposals for new legislation, we are also thinking about the education, advice, information and other forms of support that will be needed to make it effective. This is why we think that the development of an Equality & Rights Organisation will be so important. The Equality & Rights Organisation would raiseawareness about people’s rights and duties under the new legislation. We are also considering how to provide an easy first point of contact for people who have rights under the legislation to find out more and obtain assistance with resolving their complaint. And also for businesses and other organisations that will have duties not to discriminate in employment and the provision of goods and services.

"We’d like to thank everyone who took part in the consultation. The points raised will help us in our ongoing work.”

Further consultation work will be done next year. 

You can read more here: gov.gg/sexdiscrimination

Pictured top: Sexual discrimination has reportedly affected a number of people in Guernsey. 

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