It is unlawful to discriminate in the employment field in Guernsey on the grounds of sex or marital status.

Discrimination can occur in two forms:

  • Direct discrimination: this is less favourable treatment based on gender or marital status, e.g. 'We do not employ women' or 'Married persons cannot apply for promotion'. Treating a woman less favourably because of her pregnancy is automatic discrimination because pregnancy is a gender-specific condition
  • Indirect discrimination: this occurs when an employer applies what appears to be a gender-neutral provision, criterion or practice (PCP), but that PCP adversely affects a considerably larger proportion of one sex than the other and cannot be justified. So, for example, providing benefits such as healthcare or pension only to full time workers would be discriminatory on the basis that statistically more women than men work part time. Accordingly, women as a group are proportionately disadvantaged by this restriction

Guernsey law also protects against victimisation by making it unlawful to treat less favourably than other persons someone who has brought or supported a sex discrimination complaint.

Discrimination can arise at any stage in the employment relationship and covers discrimination in:

  • Recruitment
  • Terms of the employment offer
  • Access to promotion, transfer, training and other benefits
  • Dismissal or any other detriment (including sexual harassment)

There is an exception which permits an employer to confine a job to persons of one sex if being a member of that sex is a genuine occupational qualification. This covers, for example, the requirement for a male actor to play a particular part, or where considerations of decency or privacy dictate the employee's gender, such as working in a residential home or as a private nurse.

There is no qualifying period necessary in order to bring a complaint of sex discrimination and no age limit. Any complaint of sex discrimination will be heard by Guernsey's Employment and Discrimination Tribunal. Where a sex discrimination complaint is upheld, the award is three months' pay.

Guernsey's Commerce and Employment Department may also act in cases of alleged discriminatory practices by investigating a complaint and issuing Non-Discrimination Notices where discrimination is found to exist. The penalty for failure to act in accordance with a Non-Discrimination Notice is a fine not exceeding £5,000.

Further information on Guernsey's sex discrimination legislation is available from www.gov.gg/ccm/commerce---employment/employment-relations-service /.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.