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Draft Discrimination (Jersey) Law 200-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made (01.02.08) to approve the draft Discrimination (Jersey) Law 200- and to publish the consultation report.

Decision Reference:               MD-HA-2008-0013

Decision Summary Title :

L:\International\Discrimination\Final Report to States + COM papers\MD - Discrimination consultation report and Law Feb 2008.doc

Date of Decision Summary:

  31 January 2008

Decision Summary Author:

International Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Draft discrimination (Jersey) Law – consultation report

Date of Written Report:

  25 January 2008

Written Report Author:

International Relations

Written Report :

Public or Exempt?

Public

Subject:      Draft Discrimination Law – consultation report

 

Decision(s):    The Minister for Home Affairs decided the report entitled ‘Draft Discrimination (Jersey) Law – consultation report’ should be published for consultation as a report to the States together with the draft Law, and should be referred to Scrutiny for possible consideration. 

Reason(s) for Decision:  On 24 January 2008, the Council of Ministers considered a draft report on the proposed Discrimination (Jersey) Law 200-, together with the draft legislation. 

The Council endorsed the draft Discrimination Law and recommended that the Minister for Home Affairs forward the draft Law to Scrutiny for possible review and with the provisional aim of lodging the draft ‘au Greffe’ no later than May 2008.  The Council also recommended that the Minister for Home Affairs should publish a consultation report seeking comments on the draft Law.

Resource Implications:

There are no resource implications arising directly from publication of the consultation report. 

The potential resource implications of implementing the Law, if adopted by the States, are detailed in the report.

Action required:  Home Affairs department to forward the consultation report and draft Law to the Greffe for publication as a Report to the States.

 

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

Draft Discrimination (Jersey) Law 200-

 

                                  

 

 

 

                

 

Draft Discrimination (Jersey) Law

 

 

Consultation  report

 

 

 

Minister for Home Affairs

 

 

 

 

 

Consultation period:  1 February – 14 March 2008

 

 

 

THE PURPOSE OF THIS DOCUMENT IS TO CONSULT ON CHANGES THAT HAVE BEEN MADE TO THE DRAFT DISCRIMINATION (JERSEY) LAW BEFORE IT IS LODGED FOR STATES DEBATE

 

 

SUMMARY

This report sets out proposals for a draft Discrimination (Jersey) Law 200-.  Further to a previous public consultation, certain provisions of the draft Law have been revised.  The Minister for Home Affairs has therefore decided to provide a final consultation opportunity before the Law is lodged for consideration by the States.

 

Background

The attached Report sets out the background to proposals for the introduction of a Discrimination Law in Jersey, since the initial work of the Race Relations Working Party in 1999 through to the Chief Minister’s Department consultation paper in July 2006. 

In 2002 the States strongly supported the principle of a Race Discrimination Law (P.32/2002). There has been consistent and overwhelming support for the introduction of a Law to address discrimination issues generally, although the proposals have been subject to refinement as a result of the public consultation.

The proposed legislation will have wide-ranging implications for society in Jersey and for the States, both as an employer and as a provider of services.  It will also support (when the Regulations are brought into force) Jersey’s commitments to international standards, in particular the United Nations Convention on the Elimination of all forms of Racial Discrimination (CERD). 

Proposed Law

The draft Discrimination (Jersey) Law will be an over-arching provision which aims to prohibit discriminatory conduct.  It sets out areas where discrimination will not be tolerated, for example in employment, education, provision of goods, facilities and services, and in the management of clubs and premises, subject to certain exceptions.

However, the principal Law will have no effect without the subsequent Regulations, which will define the ‘attributes’ to which the Law applies – for example, race, sex, disability etc.   It is intended that the first set of Regulations will relate to race discrimination, to be put before the States later in 2008 when the Law is brought into force.

Drafting an over-arching Law and Regulations in this way has been commended by experts in the field of discrimination law, because it enables a consistent and equitable approach to different types of discrimination and simplifies the complexity that has resulted in other jurisdictions as a consequence of having several separate and different laws.

The following Report explains the structure of the draft Law and the way that Regulations will be applied in stages.  The aim of phasing the introduction of Regulations is to enable full public consultation at each stage and to spread any potential administrative burden for employers, organisations and other individuals over a period of time.

Political responsibility for implementing the legislation lies with the Minister for Home Affairs. 

Resource implications

It is estimated that the first full year costs of enforcing the Discrimination (Jersey) Law, in 2009, may be in the region of £250,000.  In subsequent years it is anticipated that enforcement costs, and therefore annual costs, will increase as each set of Regulations introducing an additional attribute, such as sex or disability, is introduced, up to a maximum cost of £500,000 annually to implement the legislation once all phases are in place.

Funding to implement the Law will be subject to States approval in the 2009 Business Plan.

 

SEEKING YOUR VIEWS

 

 

  The Minister for Home Affairs would welcome views on the proposals outlined in this   document.   

 

   A paper copy of this report is available from - 

 

   States Greffe Bookshop, Morier House, St Helier, and

   States of Jersey Customer Services Centre, Cyril le Marquand House, St Helier,       

   between 9.00 a.m. and 5.00 p.m.   (Telephone 445500)

 

Responses to the consultation should be addressed to:

Discrimination Consultation

Cyril le Marquand House, St Helier, Jersey JE4 8QT

 

Responses must be received by Friday, 14 March 2008

 

 

 

Confidentiality: Responses will be used to produce aggregate information, although unless marked “Confidential”, opinions given in responses, including those submitted with no name or address, may be quoted in any published report produced to demonstrate views that have been expressed during the consultation process.  Names will not be quoted.  Responses will only be attributed to a named individual or organisation if the respondent has given express permission.

 

 

 

WHAT HAPPENS NEXT?

 

All comments received as a result of this consultation will be collated and presented to the Minister for Home Affairs.  The results of the consultation will then be included in the Report to the States Assembly.

 

 

DRAFT DISCRIMINATION (JERSEY) LAW 200-

 

_____________________________________________________________________________

 

 

REPORT

 

This Report sets out an overview of the need for a Discrimination (Jersey) Law 200-  (“DJL”) and proposals for a programme of supporting legislation to enable protection to be provided in the Island from various types of discrimination in a number of areas.

 

 

 

PART ONE: BACKGROUND TO THE PROPOSALS

 

1.1   THE NEED FOR LEGISLATION

Anti-discrimination legislation is to be found in jurisdictions worldwide. Protection from race, sex and disability discrimination are the most common but legislation relating to discrimination of other types such as age, gender and religion is being introduced.

Jersey has a recognised presence on the international stage. It follows that the Island should have the necessary legislation in place in order to command respect as a jurisdiction that promotes modern standards of respect for individuals’ rights and encourages equality and harmony between its citizens.

In addition the Island has obligations under a number of international treaties and covenants to ensure protection from discriminatory behaviour for its citizens. The Island is required to file regular reports to demonstrate its compliance with these treaties and covenants with the relevant international organisations. In the last  two years official reports have been filed relating to the International Convention on the Elimination of All Forms of Racial Discrimination  “CERD”;  a number of the International Labour Organisation treaties; the International Covenant on  Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. 

 

1.2    CURRENT LEGISLATIVE PROVISION AGAINST DISCRIMINATORY
         BEHAVIOUR

Current Jersey law relating to discrimination is limited. Legislation to combat sex discrimination is confined to the Sex Disqualification (Jersey) Law 1957 and general provisions of the Employment (Jersey) Law 2003 have the effect of preventing discrimination in the workplace in certain circumstances.

The Sex Disqualification (Jersey) Law 1957 does two things: it provides that a woman cannot, by reason of her sex or marital status, be excluded from a profession or vocation or be exempted from liability to serve as a juror. 

The Employment (Jersey) Law 2003, promotes equality of treatment in the workplace, in the sense that dismissal or selection for redundancy on a ground unrelated to the employee’s capability or conduct would constitute unfair dismissal.  However, the 2003 Law applies to employees only and it  makes no provision against discrimination at the time of selection for employment nor in the terms or conditions on which employment is offered. 

Both the Education (Jersey) Law 1999 and the Building Bye-laws 2004 contain provisions regarding disability.  The 1999 Education Law imposes duties on the Minister for Education, Sport and Culture regarding the education of a child with special educational needs; in particular, that education is to be provided in a mainstream school, where possible. 

The Building Bye-laws require reasonable provision to be made in new buildings, for certain, but not all, descriptions of disabled people to enter and use a building. The requirements relate only to the needs of persons who have a limited ability to walk, or use a wheelchair, or who have impaired hearing or sight.

The Human Rights (Jersey) Law 2000 also gives effect to Article 14 of the European Convention on Human Rights, which prohibits discrimination in relation to the Convention Rights.  However, this protection is extended only to those specific Convention Rights and, in particular, places the obligation on public authorities. 

 

1.3  RECENT AWARENESS RAISING AND CONSULTATION ON DISCRIMINATION ISSUES

Recent Government initiatives have contributed to an increased awareness of the need to introduce a comprehensive law to protect the basic right of all individuals to be free from discrimination.  These are as follows –

 

1991 -1993:  Codes of Practice:

A number of Codes of Practice were introduced by the States and States Committees dealing particularly with the issue of sex discrimination; sexual harassment and maternity rights[1].  More recently a policy dealing with the issue of bullying has been introduced.

Although not having the power of law, Codes of Practice establish sound guidelines which will have raised awareness over the years of what amounts to acceptable practice.

 

1998:  Employment legislation:

In 1998 the then Employment and Social Security Committee circulated a consultation paper entitled “Fair Play in the Workplace” which asked islanders for their opinions on a range of topics connected with the workplace, including discrimination. The research culminated in the Committee taking a proposal to the States on Employment Legislation (P.99/2000) which advocated that issues surrounding discrimination in the workplace should be dealt with through a separate all-encompassing discrimination law to be championed by the then Policy and Resources Committee. P99/2000 was adopted by the States and resulted in the drafting of the Employment (Jersey) Law 2003. As a result, and as referred to above, the employment law only provides limited protection from discriminatory behaviour. Further legislation is required to fully deal with potential discriminatory issues in the employment arena.

 

1999: Race Relations Working Party:

The former Legislation Committee established a Race Relations Working Party which consulted on the issues of race relations and racial hatred in 1999. In March 2002 the Legislation Committee lodged its proposal for the preparation of a Race Discrimination Law (Projet 32/2002), based upon the recommendations of the Working Party (published as RC46/1999).  On 14th May  2002 the States voted, overwhelmingly, in favour of the proposal.[2]

However, the former Legislation Committee then reviewed the lack of legislation in the Island aimed at eliminating forms of discrimination other than race.  It concluded that it would be desirable to take the opportunity to bring forward legislation which would promote not only the elimination of racial discrimination, but also, other forms of discrimination. 

 

November 2000:  Racial Discrimination Forum:

The Racial Discrimination Forum, led by the then Policy and Resources Committee was established. Members came from both the public and private sectors and their work culminated in the States voting to set up the Jersey Community Relations Trust (P.120/2003)[3].

 

2004: Jersey Advisory and Conciliation Service:

The Jersey Advisory and Conciliation Service, established as part of the Employment Law programme, was opened in 2004.  The service advises employers and employees on employment issues and has advisory literature available on discrimination matters[4].

 

2005 - 7:  Jersey Community Relations Trust:

Established in 2005, the Trust aims to “eliminate discrimination on any ground … and to encourage mutual respect among all people in the Island”.  In 2006 the Trust launched its Anti-Discrimination Promise initiative. The States of Jersey, as an employer, was the first major organisation to sign up to the commitments in the promise. 

In September 2007 the Trust held a major island-wide conference on discrimination issues: “Facing the Future… a Conference about discrimination in Jersey”.  This conference, attended by nearly 300 people from a wide section of the community including many who might be affected by discrimination, clearly supported the introduction of a Discrimination Law in Jersey. 

 

July 2006: Consultation paper on the Discrimination (Jersey) Law 200- and the Discrimination (Race) (Jersey) Regulations 200-:

The Chief Minister’s Department launched a consultation paper on the draft Discrimination (Jersey) Law 200- (the “DJL”) and the Discrimination (Race) (Jersey) Regulations 200-. Responses were received and the results published on the www.gov.je website[5].   There was unanimous support for the introduction of discrimination legislation in the Island.

 

Summer 2007:  Maternity and flexible working rights.

The Employment Forum released a consultation paper on maternity and flexible working rights. In order for these rights to be effective, particularly those surrounding issues such as entitlement to maternity leave and pay, it will be essential that provision to grant protection from discrimination on the grounds of sex be introduced on to the Island’s statute books.

 

PART TWO:  DISCRIMINATION (JERSEY) LAW 200-  (THE “DJL”)

 

2.1       RECOMMENDATIONS

As a result of the conclusions of both the former Employment and Social Security and Legislation Committees further research was carried out by a group led by Senator Wendy Kinnard, the Minister for Home Affairs and officers from the Law Draftsman’s and Chief Minister’s departments.

The group reviewed anti-discrimination legislation in the United Kingdom, Guernsey, the Isle of Man and the Australian Capital Territory.  A Northern Ireland consultation paper on a Single Equality Bill was also considered, together with European Directives regarding the elimination of discrimination.

The original recommendations of the Race Relations Working Party were also considered. These had been based on the United Kingdom’s Race Relations Act 1976.  However, the 1976 Act has been subject to important changes, as has other United Kingdom anti-discrimination legislation, since the time of the Race Relations Working Party report.  Many of these changes have been introduced because of requirements introduced by the European Union.

The Island is not a member of the European Union and is therefore not generally obliged to implement Directives or comply with EU legislation.  However the Island does have obligations under some international conventions, as described above, and consideration needs to be given generally not only to those direct obligations but also to standards adopted both in Europe and worldwide.

The latest research culminated in a consultation paper which promoted the concept of an over-arching enabling law, the Discrimination (Jersey) Law 200, which would then be given effect through the introduction of supporting Regulations. The Consultation paper was released for public consultation on 3rd July 2006. 

 

2.2       THE PROPOSED DISCRIMINATION (JERSEY) LAW 200-

 

i) The focus of the DJL is on the prohibition of discriminatory conduct. The law does not deal with the promotion of equal opportunity. It is not intended to be retrospective.

The DJL is designed to be an “overarching law” which will establish the areas in which discriminatory conduct will not be tolerated, for example in employment, education, provision of goods, facilities and services, and the management of premises and clubs, subject to exceptions granted in Regulations.

 

However, the principal Law has no effect without the Regulations, described below, made by virtue of powers granted in the Law.  The DJL should be seen as the foundations of a building, the floors of which will be added on in phases by the Regulations.

 

It is suggested that having one overarching Law, the provisions of which apply equally to all forms of discriminatory behaviour as defined in the law, will be simpler than having separate and potentially different laws for each type of discrimination from which protection is to be granted.

 

The DJL will also allow for protection from prohibited acts, victimisation and harassment in certain circumstances and will provide an enforcement mechanism for acting on complaints brought under the Law.

ii) Introducing protection from discrimination in phases by reference to
    an ‘attribute’

Each of the characteristics for which protection from discrimination is to be granted, for example race, sex, disability, age etc will be known as an ‘attribute’.

The provisions of the over-arching enabling Law will allow the States to approve Regulations providing protection from different types of discrimination, that is in respect of various ‘attributes’, whenever this is deemed appropriate.   The terminology relating to ‘attributes’ has been adopted because the DJL is an overarching Law and so a generic term is required to describe the basis of each type of discrimination for which protection will be introduced by Regulations.

It is worth noting that a major consultation exercise has just been undertaken in the United Kingdom in which people were asked for their views on the drafting of a Single Equality Act.  Such an act would effectively replace the current Sex Discrimination Act 1975; Race Relations Act 1976 and Disability Discrimination Act 1991 together with all their supporting and amending legislation with one new Act.  Interestingly, the UK is also promoting the use of the word ‘attribute’ as a generic term to describe the previous types of discrimination for which protection was available under these three laws.

 

2.3       THE STRUCTURE OF THE DISCRIMINATION (JERSEY) LAW 200-

In summary the Law is divided into seven parts:

·      Part 1 of the law is the Interpretation and Application section.  It establishes what is meant by discrimination in Articles 2 and 3.

·      Parts 2 to 4 deal with areas within which protection from discriminatory
 behaviour will be afforded:

·        Part 2 focuses on Discrimination at Work where the work is paid work. Provisions dealing with the following areas are included: selection for employment; treatment of employees; contract workers; partnerships; professional or trade organisations; professional bodies; vocational training and employment agencies.

·        Part 3 contains provisions dealing with Voluntary Work, for example where someone gives of their time to work for no pay in a charity shop.

·        Part 4 deals with Prohibited Acts of Discrimination in Other Areas which include education; the provision of goods, facilities and services; access to and use of public premises; the disposal or management of premises; clubs and requests for information.

·        Part 5 includes a number of Other Prohibited Acts to ensure that the legislation is comprehensive. These provisions include protection for anyone who suffers a detriment as a result of a prohibited act falling within the provisions of Part 5 or who suffers harassment on the grounds of an attribute referred to in the DJL. Additional protection is now included in relation to discrimination that occurs after a relationship has ended. The prohibited acts are: unlawful advertising; victimisation; harassment; discriminatory practices; instructions to commit a prohibited act and pressure to commit a prohibited act. Part 5 also includes provisions to deal with the liability of employer or principal and of a manager for a voluntary worker victimisation; and the aiding of prohibited acts.

·        Part 6 provides an enforcement mechanism to deal with any breaches.

·        Part 7 deals with miscellaneous matters, including the provision of powers to make Regulations under the DJL including those that would apply the DJL as appropriate to different types of discrimination, or attributes.

 

i) Burden of Proof

The DJL affords individuals the right to make a civil claim. It is proposed that a claimant will need to adduce evidence to show that, on the balance of probabilities, he or she has been discriminated against. This test is the standard burden of proof used in civil law matters.

 

ii) Enforcement and Awards

The Working Party on Race Relations in P32/2002 advocated that the consideration and enforcement of any measures relating to complaints brought under the DJL should be dealt with by a Discrimination Officer and a Discrimination Tribunal.

Since that time the Employment Tribunal has been set up under the provisions of the Employment (Jersey) Law 2003. Accordingly the former Working Party’s proposals have been adopted for the most part but modified to take account of the Employment Tribunal’s existence and experience. All complaints filed under the DJL will be filed with the Discrimination Officer in the first instance but then any arising out of an employment scenario will be referred to the Jersey Advisory and Conciliation Service and the Employment Tribunal for resolution. However the enforcement procedures of the Employment Law and the DJL have been closely paralleled, as the two bodies will need to work closely together. Indeed, some changes are being proposed to the enforcement procedures of the Employment Law and the Employment Tribunal Regulations to ensure consistency with the DJL procedures. During the consultation process respondents sought  consistency between the two laws and these changes will grant that and make both laws easier to understand and implement.

It is proposed that an award for hurt and distress may be made in cases arising out of a discrimination complaint. The maximum award proposed in the DJL is £10,000 but the DJL makes provision for the Minister to introduce differing award limits. The current £10,000 limit in the DJL reflects the aggregate £10,000 limit that the Employment Tribunal can award for complaints (other than unfair dismissal claims) brought under the Employment (Jersey) Law 2003. Again this £10,000 figure will ensure consistency with the Employment Law when the DJL is first introduced.

 

2.4            EXCEPTIONS TO THE DISCRIMINATION (JERSEY) LAW 200-

Exceptions to the DJL will be introduced with each set of Regulations which will introduce an attribute upon which a claim for discrimination can be based.

Inevitably each attribute will be subject to exceptions i.e. instances where an individual will not, for the purposes of the Law, be treated as discriminated against if an act which might otherwise appear discriminatory has been committed against him or her.

Standard exceptions are expected to include acts done under legislative or  judicial authority; acts done with the intention of achieving equality; acts done in order to achieve compliance with the law of another country and acts done for reasons of national security.

Thereafter exceptions will be relevant to the specific attribute, e.g. when referring to discrimination on the basis of race it will be lawful to recruit someone of a specified nationality to play in a national football team.

 

2.5      PROPOSALS TO PHASE THE INTRODUCTION OF PROTECTION FROM DISCRIMINATION UNDER THE LAW

Apart from the necessity to comply with current international obligations the proposed phases also take into consideration the priorities determined by the States; the need to reflect the proportionate number of people likely to be affected by the protection under consideration; the anticipated cost implications of compliance and the need to link in with other States’ policies as far as possible.  Details of the responses received to the consultation process were published[6], and support was given for the sequence of the phases proposed below.

 

Phase One

It is proposed that race should be the first attribute introduced under the DJL in furtherance of the commitment made by the States in 2002 [7]. In addition the Island has obligations under CERD [8]. The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.”

The proposed Race Regulations have been prepared and were released for consultation at the same time as the paper on the DJL in July 2006 [9]. If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible.

The intention would be to have the DJL and the Race Regulations in force during 2008.

 

Phase Two

It is proposed that the second attribute to be introduced should be protection from discrimination on the ground of an individual’s sex. The reason for this is three-fold: first, it is felt that of all the attributes to be introduced protection from race and sex discrimination are likely to affect the largest number of people. 

Secondly, the States have previously agreed in principle[10] that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women [11] (CEDAW), ratified by the UK in April 1986. 

Thirdly, the Social Security Department completed a consultation programme through the Employment Forum on maternity issues and family friendly and flexible working policies in summer 2007. The outcome is awaited but in order to co-ordinate policies across departments it will be necessary to introduce protection from discrimination on the grounds of sex (and possibly gender as well) at the same time, or as soon as possible thereafter, as any employment legislation brought forward by the Social Security department as a result of their consultation.

Drafting time for the Discrimination (Sex) (Regulations) 200- has been included in the States legislative programme; it is hoped that consultation on these Regulations will commence in 2008 and that the Regulations will be introduced in 2009. 

 

Phase Three

It is proposed that the third phase should extend the DJL to include the attribute of disability. It is anticipated that “disability” will include physical, sensory or mental disability. It is intended that consultation on this attribute will commence in 2009.

 

Phase Four

It is anticipated that this would be the last phase of legislation to be introduced over the first five year period. It is suggested that it will include any other type of discrimination that it is still felt necessary to address, such as protection from discrimination based on age or religion. It is likely that consultation on any additional attributes to be introduced will take place in 2010.

 

2.6       OUTCOMES OF PUBLIC CONSULTATION

The original Consultation paper [12] provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation.

 

i) Definitions: Article 1

The following were raised as being of particular concern during the consultation period and have been addressed as follows:

“Employment”:

The DJL has been drafted with the provisions of the Employment (Jersey) Law 2003 in mind, as it is inevitable that complaints will be filed which will involve the application of both laws. Respondents were keen that definitions used in the laws would therefore be comparable.  To achieve greater clarity changes have been made to the definition of “employment” in the DJL:  the definition still includes work done under a contract for services, but otherwise has the same meaning as in the Employment Law. 

 

“Unpaid worker”:

Reference in the former draft DJL to employment, including “work as an unpaid worker”, have been separated out to avoid confusion. New articles have been introduced in Part 3 of the DJL[13] which will afford protection to “voluntary workers”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers.

 

 “services”:

The definition of “services” in the Interpretation section is expanded to expressly include fund management and to add a provision which is intended to cover other forms of financial service.

 

 

ii) Territorial Application:  Article 4

 

The wording of Article 4 was queried during the consultation process and has been revised to provide greater clarity. In essence the DJL is designed to afford protection from acts of discrimination carried out in Jersey and falling within the provisions of the DJL. If discriminatory acts are carried out elsewhere an individual will need to have recourse to any protection against discriminatory behaviour afforded under the legislation of the jurisdiction where the act was committed.

 

The revised wording keeps the application of the DJL in relation to employment in line with the Employment (Jersey) Law 2003. It will apply to the whole of an employment, if the employment is wholly or mainly in Jersey.

 

It will also apply to employment on a ship registered in Jersey, unless the employment is wholly outside Jersey or the employee is not ordinarily resident in Jersey.

 

To the extent that the DJL applies to the provision of benefits, facilities and services, it will also apply to facilities for travel on a ship registered in Jersey and to benefits, facilities and services provided on the ship itself. 

 

 

iii) Remedies available to adjudicators: Articles 42 / 49

 

a) £10,000 award for hurt and distress:

A variety of suggestions were put forward during the consultation process as to how the discrimination award for hurt and distress to be made by the Discrimination Panel or the Employment Tribunal should be calculated. 

 

After consideration it has been decided that the original proposal of a maximum award of £10,000 for hurt and distress should remain at least for the introductory period of the DJL. Whilst the DJL becomes established it is appropriate to keep the maximum compensation payable for hurt and distress to a limit that is comparable with award limits for cases in the Employment Tribunal.[14]  (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below). 

 

However, awards made under the DJL to compensate an individual for any discrimination that they have suffered will always be subjective and made on a case by case basis at the discretion of Tribunal or Panel members. Initially, there are no proposals to base awards on any specific factors. If, for example, an award is made to compensate someone who was discriminated against at interview and did not get the job there will be no contractual elements to use as a calculation basis; if someone is denied access to a night club because of a discriminatory act there will be no set basis upon which to base a claim.

 

 

b) Orders re determination of compensation:

A new power has been introduced in Articles 42 and 49 of the DJL  for the Home Affairs Minister, after consultation with the Bailiff, to make an Order giving directions to both the Discrimination Panel and the Employment Tribunal as to how compensation may be determined in discrimination cases.  There is no obligation to make an Order, so the Minister might decide to leave it to the adjudicators to develop their own policy.  On the other hand, an Order could include, for example, directions as to the matters which may be taken into consideration in determining amounts of compensation and as to whether or not interest may be added to amounts of compensation and as to the rates of interest that may be applied. 

 

The addition of these new Order making powers in the DJL means that the Home Affairs Minister has the authority to provide the guidelines that consultees asked for during the consultation process so that people would have a greater understanding of how awards are likely to be calculated.

 

In addition the Regulation making powers granted to the States in Articles 42(4) and 49(4), gives the States considerable discretion as to what they do to change the compensation cap by Regulations in the future.

 

These provisions effectively grant two mechanisms for establishing the way in which awards under the DJL can be managed. 

 

c) Additional powers granted to adjudicators:

Additional powers have been given in Articles 42 and 49 to the adjudicators. Firstly, they can make a declaration on the rights of the complainant and the respondent in relation to the act to which the complaint relates. Secondly, they can recommend that the respondent take action to obviate or reduce the adverse effect of the act of discrimination on the complainant.

 

iv) Non-discrimination notice: Employment Tribunal:  Article 43:

 

A new power, replicating that conferred in Article 50 on the Discrimination Panel, has been included for the Employment Tribunal. The power only arises where an individual has made a complaint which proceeds to adjudication.  It would not arise where a complaint is dealt with by way of conciliation or where the Tribunal or Panel is made aware of discriminatory practices but there is no complainant, or a complaint is made but then withdrawn.

 

The Tribunal and Panel will fulfil a quasi-judicial rôle to consider applications brought before them under the DJL.  Because of that, it would be inappropriate for them to have the additional responsibility of investigating an issue in the absence of a formal complaint and possibly initiating an action under the DJL.

 

For example, the newly created Equality and Human Rights Commission [15] in the United Kingdom is given certain investigatory and enforcement responsibilities and powers by the Equality Act 2006. However, the Commission is a separate body which acts independently of the tribunal and court systems which hear complaints brought under the United Kingdom’s discrimination legislation and pass judgement on them.

 

The DJL does not establish an equivalent body. The DJL is a first step towards effectively introducing and co-ordinating anti-discrimination legislation  in Jersey. As such it is felt that the provisions of the DJL should be confined to enabling individuals to bring complaints and to providing for the introduction of appropriate remedies. 

 

v) New enforcement provision: Article 51

 

Article 51, which deals with enforcement issues, is a new provision which provides that an award of compensation under the DJL may be enforced as if it were a judgement debt ordered by a Judge of the Petty Debts Court.  This means that both the Tribunal or Panel adjudicators have power not only to make an order for compensation but also an order giving permission to sell or for an arrest of wages. Such order making powers will assist in cases where the adjudicators make compensation orders but the respondent has no money with which to pay the compensation order.

 

The power for the Minister to make Orders in Articles 42(3) and 49(3) relating to interest payments relates to these powers also.

 

It is intended that such provisions will extend to the Employment Tribunal so that Tribunal adjudicators can make such additional orders in all employment cases brought before the Tribunal for settlement.

 

vi) Application of the DJL to the police: Article 53

 

This additional article is now specifically included and means that a police officer who commits any act in the course of carrying out his duties which is deemed to be discriminatory under the provisions of the DJL can have a complaint brought against him.

 

vii) Codes of Practice:  Article 56

 

Article 56 has been revised so that the Minister may either publish codes of practice in his or her name or approve codes published by other persons.

 

viii) Making of Orders relating to Hearings: Article 60

 

A requirement has been included in this provision that the Home Affairs Minister must consult with the Bailiff before making any Orders specifying the procedures to be followed in relation to a discrimination hearing by an adjudicator of either the Employment Tribunal or the Discrimination Panel, or the manner in which the hearing is to be conducted. The need to consult with the Bailiff is because the Tribunal and the Discrimination Panel are fulfilling quasi-judicial roles.

 

An additional order making power has been granted in Article 60(3) to the Minister, after consulting with the Bailiff, to specify the circumstances in which any hearing before an adjudicator shall or may be heard in public or in private. This power reflects the provisions of the Employment (Jersey) Law 2003 which states the Panel will sit in public unless certain circumstances are met which result in a hearing being a private one. 

 

 

ix) Schedule 1:Appointment of Chairman and Deputy Chairman of the
     Discrimination Panel:   

 

The provisions in Schedule 1 provide for the establishing of the Discrimination Panel. These closely parallel the provisions which establish the Employment Tribunal. However in paragraph 3(3) an additional requirement has been included for the Bailiff’s concurrence to be given to any appointment made by the Minister to the rôles of Chairman or Deputy Chairman, and the criteria for removing a member from office in paragraph 5 have been expanded.

 

 

x)  Schedule 2:

The provisions of this schedule will amend the Employment (Jersey) Law 2003 so that the Employment Tribunal can hear cases brought under the DJL. The provisions also extend the enforcement powers of the Employment Tribunal adjudicators to match those of the Discrimination Panel adjudicators. The appeal provisions for both bodies are also brought into line.

 

The schedule also amends the Employment (Jersey) Law 2003; the Jersey Advisory and Conciliation (Jersey) Law 2003 and the Employment Relations (Jersey) Law 2003 so that the territorial application provision of each is the same as the DJL.

 

            

2.7        OTHER ISSUES RAISED IN THE CONSULTATION RESPONSES


A number of other issues were raised during the consultation process and consideration was given to them.

i) Statistics:

As stated previously there was unanimous support for the proposal to introduce anti-discrimination legislation albeit some questioned what evidence there was that discriminatory behaviour existed in the Island to such an extent that legislation was necessary.

There are no official statistics currently kept by government departments or agencies such as the Citizen’s Advice Bureau or the Jersey Advisory and Conciliation Service, to record instances of discriminatory behaviour. However there is descriptive evidence that discriminatory incidents do occur and, without legislation to clearly set out acceptable standards, there are no benchmarks against which behavioural standards can be assessed and no recourse to fair treatment and compensation, where appropriate, to be had. 

Two different examples of such discriminatory incidents are a spate of anti-Semitic graffiti that appeared on buildings in the Island at the time of the last election and advertisements that appear which are discriminatory in their wording.

It is not intended that the introduction of the DJL will open a floodgate of discrimination complaints. Indeed it is hoped that it will act as a backdrop and set behavioural standards that are commonly accepted by all as appropriate for a community in the 21st century. If these standards are maintained, then complaints will not need to be filed.  In addition the Island will have legislation befitting its international standing.

The majority of respondents to the consultation, whilst noting that the DJL would take time to “bed down,”   commented that they thought society would benefit in the long term. It was also felt that business would benefit :

“However long term the benefits will be positive both for the general public and for business. Jersey cannot continue to be a major international player if this type of legislation is not introduced.”[16]

 

“Discrimination in any form is counter-productive to general employee morale and effective working”[17].

 

 

ii) Protection from other types of discrimination

 

Others felt that the DJL should go further and provide protection from other types of discrimination. However the initial and principal focus of the DJL is to bring in protection from discrimination on well recognised grounds such as race; sex and disability, with perhaps age and religion at a later date.

 

It is hoped that the introduction of the DJL will help develop a sense of community amongst islanders such that discriminatory behaviour and harassment are considered unacceptable.

 

iii) Training and cost implications

During the consultation process the need for training prior to the introduction of the DJL was highlighted and in particular the potential cost to business, of ensuring that staff are aware of their responsibilities under the DJL.  However, it is suggested that the majority of people will already have an appreciation of what constitutes discrimination and discriminatory behaviour.

Many larger business organisations already have the necessary procedures in place to avoid discriminatory practice. Literature and training on general discrimination issues are already available.  Before the DJL comes into force Regulations would need to be adopted by the States, so there will be an ability to manage the timing of the introduction of the legislation to allow opportunity for training if deemed necessary.  It is also intended to issue advisory guidelines on the implications of the DJL, which will help reduce training costs.

 

2.8      REGULATIONS

It should be noted that this report does not discuss in detail the specific provisions and exceptions with regard to discrimination on the grounds of any particular attribute.  These matters will be considered fully in any Regulations which may be brought to the States in due course, for example to address race or sex discrimination.

However, it should be borne in mind that the DJL, if and when it comes into force, will only have effect when implemented together with subordinate Regulations.  It is therefore proposed that the proposed Regulations to deal with race discrimination would be presented for adoption by the States at the same time as the Law is to be brought into force by an Appointed Day Act. 

 

2.9       FINANCIAL AND MANPOWER IMPLICATIONS

 

The earlier consultation paper made reference to the likely costs to be incurred as a result of the introduction of the DJL. Costs for the Discrimination Officer, Discrimination Panel members and other administrative issues will be borne by the Home Affairs Department.  Costs in connection with work related to employment discrimination carried out by JACS and the Employment Tribunal will continue to be borne from their respective budgets.  

It is estimated that the first full year costs of enforcing the DJL may be in the region of £250,000. This figure has been reached in discussion with those responsible for the management of the Jersey Advisory and Conciliation Service and the Employment Tribunal. The figure includes staffing and set-up costs that are likely to be incurred and it is dependent on the opportunity of sharing a number of resources such as the Employment Tribunal premises and panel members in order to minimise costs.

It is anticipated that enforcement costs, and therefore annual costs, will increase as each set of Regulations introducing an additional attribute, such as sex or disability, is introduced. Allowance should be made in the States Business Plan, once all phases are in place, for a maximum cost of up to £500,000 annually to enforce the DJL.

Manpower implications will include the appointment of a Discrimination Officer and an administrative assistant. Initially, the latter post is expected to be a part time post. The members of the Discrimination Panel will not fall to be classified as States employees and therefore will not affect headcount.

 


[1] Special Committee on Sex Discrimination  draft Code of Good Practice for Maternity Rights 1991 and Sexual Harassment in the Workplace 1992 (employer and employee versions); Maternity Entitlement in Employment: Code of Good Practice P44/1993.

 

[2] http://www.statesassembly.gov.je/frame.asp - Propositions - 2002  No.32

[3] http://www.statesassembly.gov.je/frame.asp - Propositions - 2003  No 120

[4] JACS The A-Z of Work A Handbook for Employees

[5] http://www.gov.je/NR/rdonlyres/D88739AA-C033-46B4-B550-6411E580EF04/0/20070213Consultationresultsforwebsite.pdf

 

[6] http://www.gov.je/NR/rdonlyres/D88739AA-C033-46B4-B550-6411E580EF04/0/20070213Consultationresultsforwebsite.pdf

[7] See para. 1.3 page 4

[8] International Convention on the Elimination of all Forms of Racial Discrimination see para. 1.1 page 2

[9] http://www.gov.je/ChiefMinister/International+Relations/discriminationjerseylaw200-.htm

[10] See p.3,  29 January, 1991

[11] http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm

 

 

[12] http://www.gov.je/ChiefMinister/International+Relations/discriminationjerseylaw200-.htm

[13] Part 3 Articles 13 -16

[14] Awards in the Employment Tribunal are based on contractual elements and a £10,000 cap is applied. However, in Unfair Dismissal cases, there is the additional right to an award based on salary and length of service. This additional award in unfair dismissal cases is not subject to a cap as it is based on a specific calculation.

[15] The Commission was established in 2007. It replaced the former Commission for Racial Equality, The Disability Rights Commission and the Equal Opportunities Commission. 

[16] Chartered Institute of Personnel Development

[17] Jersey Advisory and Conciliation Service Jersey Advisory and Conciliation Service

Chartered Institute of Personnel Development

The Commission was established in 2007. It replaced the former Commission for Racial Equality, The Disability Rights Commission and the Equal Opportunities Commission. 

Awards in the Employment Tribunal are based on contractual elements and a £10,000 cap is applied. However, in Unfair Dismissal cases, there is the additional right to an award based on salary and length of service. This additional award in unfair dismissal cases is not subject to a cap as it is based on a specific calculation.

Part 3 Articles 13 -16

http://www.gov.je/ChiefMinister/International+Relations/discriminationjerseylaw200-.htm

See p.3,  29 January, 1991

International Convention on the Elimination of all Forms of Racial Discrimination see para. 1.1 page 2

See para. 1.3 page 4

JACS The A-Z of Work A Handbook for Employees

- Propositions - 2003  No 120

- Propositions - 2003  No 120

-

-

Special Committee on Sex Discrimination  draft Code of Good Practice for Maternity Rights 1991 and Sexual Harassment in the Workplace 1992 (employer and employee versions); Maternity Entitlement in Employment: Code of Good Practice P44/1993.

- - Special Committee on Sex Discrimination  draft Code of Good Practice for Maternity Rights 1991 and Sexual Harassment in the Workplace 1992 (employer and employee versions); Maternity Entitlement in Employment: Code of Good Practice P44/1993. .

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. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible.

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. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the

.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the .

. .

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the . .

. .

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the . .

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the . .

. . .  More recently a policy dealing with the issue of bullying has been introduced.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the . . .  More recently a policy dealing with the issue of bullying has been introduced.

. in the   (NB: It is necessary here to distinguish the additional unfair dismissal award from the basic award in Employment cases - see footnote below).  which will afford protection to “”. The use of the term “manager” has been introduced to describe the person for whom a voluntary worker does unpaid work.  The expression “volunteer bureau” is understood to be in common usage and is included in the DJL to mean an organisation which provides guidance on the availability of voluntary work and services of introducing persons seeking voluntary work to managers. provided some detail on how the law was intended to work. Some concerns were expressed and some requests for greater clarification or adjustment to some sections of the draft legislation were received. As a result a number of drafting changes have been made as well as the introduction of some additional provisions. This section of the report highlights those areas where changes have been made. The Explanatory Notes appearing at the beginning of the DJL also offer assistance with interpretation. (CEDAW), ratified by the UK in April 1986.  that all forms of discrimination based on sex, whether against men or women, should be removed.  Phase Two will also enable the extension of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by the UK in April 1986.  . If the States adopt this Report and Proposition relating to the DJL then it is proposed to bring the Race Regulations to the States for debate as soon as procedurally possible. . The purpose of CERD is “to adopt all necessary measures for the elimination of racial discrimination in all its forms; to combat racist doctrine and practice; promote understanding between races; and to develop an international community free from all forms of segregation.” . In addition the , and support was given for the sequence of the phases proposed below. .   There was unanimous support for the introduction of discrimination legislation in the . . .  More recently a policy dealing with the issue of bullying has been introduced.

 

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