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News & Knowledge » Jersey States Members increase compensation rates for victims of work discrimination
On Tuesday, April 22, the maximum amount of compensation awarded to those who have experienced workplace discrimination was raised in Jersey.
States Members voted to raise the amount from £10,000 to £30,000.
The assembly decided to approve Assistant Chief Minister Deputy Malcolm Ferey’s cap of £30,000, despite Social Security Minister Deputy Lyndsay Feltham’s proposal for a maximum payment of £50,000, or 52 weeks of compensation per claim.
With twenty-three votes in favour, twenty-one votes against, and one abstention, the assembly decided to accept the abstention and not increase as far as £50,000.
What is workplace discrimination?
Discrimination in the workplace is when you are being treated unfairly at work because of who you are. This could include your gender, sexuality or religion and it could be from any employee including managers and colleagues.
But laws are in place to protect employees from discrimination at work under the Equality Act 2010. If you believe you have been discriminated against due to one of the protected characteristics you may be entitled to make a claim.
According to ACAS, the definition of workplace discrimination is when you have been subjected to less favourable treatment at work directly because of a protected characteristic.
Examples of discrimination include:
- Direct Discrimination – Where an employee is treated less favourably than their colleagues due to one or more protected characteristics (listed in detail further down this article).
- Indirect Discrimination – Where a workplace practice or infrastructure is not in place with the intention to discriminate or disadvantage but ends up doing so. An example may be where a task expected to be manageable by all ends up being difficult for an employee with a disability.
- Harassment – This is when an employee is targeted in some way, creating a humiliating, hostile or offensive working environment which in some way intentionally connects with a protected characteristic.
- Victimisation – This is when an employee is punished in some way for reporting something they believe to be unfair or raise a complaint that they are being discriminated against.
How was the verdict concluded?
According to Deputy Malcolm Ferey, the £30,000 restriction is equivalent to the amount that the petty debts court can enforce.
Ferey explained that he had suggested the £30,000 cap since the petty debts court is responsible for enforcing payouts, and it can only do so up to that amount.
He stated:
“That’s a sum that aligns with the jurisdiction of the petty debts court and secondly that is still a substantial increase from when the amount was initially set.”
He noted that employers might have been deterred from hiring individuals with disabilities if the assembly had approved the hike to £50,000.
Representatives of this decision state
Ferey stated:
“It is morally right for a business to provide adequate accommodations for employees with disabilities in the workplace.
“But when you are faced with the additional potential if you get it wrong of at least £50,000, or if there are multiple claims then even more, that could take a small business or charity out of the picture.”
According to the social security minister, she has been implementing the Jersey employment forum’s recommendations and was disappointed that the assembly had not supported plans for an increase to £50,000.
Feltham continued:
“We’ve got several very profitable businesses, so I don’t think £30,000 will be enough of a disincentive to those businesses to stop any kind of discrimination claims coming through their organisation.”
Frequently asked questions
Workplace discrimination: The Equality Act 2010
The Equality Act 2010 prohibits employers from discriminating against employees because of the following protected characteristics.
If an employee or employer is proven to have discriminated against you because of one of the characteristics, there can be profound consequences:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnerships
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
How does the law protect me against workplace discrimination?
When it comes to workplace discrimination, the law protects you against discrimination at work, including:
- Dismissal
- Employment terms and conditions
- Pay and benefits
- Promotion and transfer opportunities
- Training
- Recruitment
- Redundancy
Some forms of discrimination are only allowed if they are needed for the way the organisation works, for example:
- A Roman Catholic school restricting applications for admission of pupils to Catholics only.
- Employing only women in a health centre for Muslim women
Disability adjustment rights
If you are disabled, you have the same rights as other workers. Employers should also make ‘reasonable adjustments’ to help disabled employees and job applicants with:
- Application forms, for example, providing forms in Braille or audio formats
- Aptitude tests, for example, giving extra time to complete the tests
- Dismissal or redundancy
- Discipline and grievances
- Interview arrangements, such as providing wheelchair access, communicator support
- Making sure the workplace has the right facilities and equipment for disabled workers or someone offered a job
- Promotion, transfer, and training opportunities
- Terms of employment, including pay
- Work-related benefits like access to recreation or refreshment facilities
Are you being discriminated against?
If you believe that you are being treated unfairly at work because of one of the above protected characteristics, you may have a discrimination claim.
Please contact Oakwood Solicitors Ltd as soon as possible to speak to one of our employment advisors.
Further Information
Workplace Discrimination – Oakwood Solicitors
Increase in compensation for work discrimination – BBC
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Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024.
Fiona has over 20 years of ex…
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