No5 Chambers

Bar top 30 position: 6=

Ready, steady, go — Jersey Race begins 1 September 2014

By Irvine Maccabe

In 2003, the Jersey legislature, the states, passed the Employment (Jersey) Law. In part, this introduced the English concept of unfair dismissal into Jersey law. Liability was founded on wording lifted from section 98 of the Employment Rights Act 1996. A tariff scale for infringement was introduced, based on length of service. Then re-instatement and re-engagement were introduced as potential remedies. Royal Court (i.e. appellate) case law (such as Voisin v Brown 2007 JLR 141) confirmed that Jersey law would follow English jurisprudence on the principles to be applied to liability, as it had developed since unfair dismissal was introduced in England and Wales in 1971. The Royal Court was, however, careful to assert that it would depart from any English authority that it considered mistaken or wrong, as you would expect from a legislature and legal system separate and distinct from the UK.

The states have now passed the Discrimination (Jersey) Law 2013. It has a commencement date of 1 September. It introduces the concepts of direct and indirect discrimination (articles 6 and 7), victimisation and harassment (articles 27 and 28), based on protected characteristics. Part 3 of the law applies to paid employment. The discrimination concepts are in terms identical to sections 13, 19, 26 and 27 of the Equality Act 2010, except where those sections make reference to sex or gender re-assignment because these characteristics are not protected under the law…

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