Introduction

The Committee for Employment & Social Security ('the Committee') has published draft proposals for new multi-ground discrimination legislation in Guernsey.

You can read a summary of the draft proposals, or the full technical draft proposals at www.gov.gg/discriminationconsultation

The Committee has selected some key points to include in this questionnaire. This questionnaire has three parts:
  • Part A – who is protected from discrimination and when
  • Part B – the complaints process and implementation
  • Part C – the exceptions
This is Part A. It will take about half an hour to complete. It includes the following sections:
  • Section 1: How should disability be defined?
  • Section 2: When should children and young people be protected from age discrimination?
  • Section 3: Families in rental properties
  • Section 4: How should the sex and trans status grounds relate?
If you have comments on points that are not covered in this questionnaire, there is an opportunity to provide any other comments in Part C, or you can write to us at equality@gov.gg with your thoughts. The Committee welcomes feedback on any aspect of the draft proposals.

The Committee will be reviewing all the responses carefully to understand the reasoning behind your answers. This consultation will help the Committee to understand a full range of views and consider points which may not have been considered yet – it is about what people think, and why. It is not intended to be a representative survey or opinion poll.

Data protection – fair processing notice

This is an anonymous questionnaire. Respondents are not required to provide any personal data to participate in this consultation. However, if a respondent voluntarily provides any personal data in response to any of the survey questions, this will be treated as the respondent having provided consent to the processing of this data by the data controller. The Committee for Employment & Social Security will process any personal data which you provide, through this consultation, in accordance with the Data Protection (Bailiwick of Guernsey) Law, 2017. Further information about how your personal data is processed by the Committee for Employment & Social Security can be found via www.gov.gg/dp or by calling 01481 732546.
Brief overview

The proposed legislation would allow people to make a formal complaint if they were treated less favourably than other people, or disadvantaged because of one of the following grounds of protection and in one of the following fields:

Grounds of protection
On what basis you can register a complaint 
Fields
In what context you can register a complaint
  • Age
  • Carer status (people who provide care or support for a dependent child or a disabled person over the age of 18)
  • Disability
  • Marital status
  • Pregnancy or maternity status
  • Race (which includes colour, descent, national or ethnic origin and nationality)
  • Religious belief (including lack of religious belief)
  • Sex
  • Sexual orientation
  • Trans status
  • As a student, or prospective student
  • At work
  • When you are using an employment agency, you are a business partner, or you are in a trade union or professional body, are a company director or hold a public office
  • When you apply for a job
  • When you buy, lease or rent property – both commercial and residential
  • When you access goods or services - for example, when shopping, at the bank, at the pub, in the hospital, when ordering a taxi, or eating at a restaurant.
  • When you join or are a member of a club or association

It is proposed that employers, service providers and people who are concerned about their rights, would be able to access advice about how the legislation worked. There would be an opportunity to try to resolve things through conciliation, before going to a hearing. However, if this didn’t work then the case would be heard by a Tribunal. If the Tribunal found an employer or service provider had done something unlawful, they would have to pay the person who complained some financial compensation and/or take some action to put things right. For example, training their staff to stop the same thing from happening again.
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