Jersey: Employees With A Disability: Considerations For Jersey Employers

Last Updated: 31 August 2012
Article by Colette Hunt

The Jersey Employment Trust recently published "Employment and disability: a good practice guide for employers in Jersey". This guide has been produced in partnership with the States of Jersey and is worth reading and adhering to an employer is considering taking on a "disabled" employee, if an existing employee becomes "disabled", and in anticipation of a law on Disability Discrimination coming into effect in the Island.

The Guide defines "disability" or long-term health issues as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities".

"Substantial" is regarded as not minor or more than trivial and "long-term" is regarded as 12 months or more. "Mental impairment" is widely defined but includes conditions such as anxiety, depression, schizophrenia, bipolar disorder, eating disorders and obsessive compulsive disorder.

The Guide covers where the employee (or a proposed employee) has a long term serious illness, recurring conditions that fluctuate, those diagnosed with multiple sclerosis, cancers and HIV, past disabilities (with a history of a particular condition) as well as conditions that are controlled by treatment and cumulative effects (where a person has a number of impairments that individually would not amount to a disability). Interestingly, the Guide covers the scenario where the individual does not actually consider or accept that they have a disability.

The Guide's aim is to assist employers in ensuring they avoid any form of disability discrimination or acts that will directly or indirectly disadvantage certain individuals. It addresses scenarios where there would or could be direct discrimination, indirect discrimination or failure to make reasonable adjustments.

The Guide is very practical and helpfully provides a number of case studies and different examples throughout. Direct Discrimination occurs where someone with a disability is treated less favourably than someone without a disability in the same circumstances, because of the disability. There is no justification by an employer for any form of direct discrimination.

Indirect Discrimination broadly occurs where an employer applies a provision, criterion or practice to people generally, but it puts those with a disability at a particular disadvantage when compared with those who do not.

If an employer can show there is a material and substantial reason for the provision, then this may be sufficient to justify it. Seeking some input from a relevant external organisation early on may help and mean that a valuable employee is not lost through their resignation. It also avoids the possibility of having to defend a claim for constructive unfair dismissal.

However, the employer additionally needs to be able to demonstrate that it has considered whether any reasonable adjustments can be made to remove any barrier(s). Reasonable adjustments to the workplace and employment processes need to be made to ensure compliance both with good practices as well as equal employment opportunities. Making adjustments to physical features of a premises to accommodate the needs of one with a disability is not discriminatory against others without any disability.

Importantly, the onus is on the employer to make the appropriate adjustments as soon as they are aware that an employee has a disability. They do not have to wait until an employee informs them and requests assistance or change.

The adjustment will very much depend on the type of disability, the role and the premises, but could involve equipment being modified or bought, altering the disabled person's working hours, allocating certain tasks elsewhere, and allowing a phased return to work after a period of absence. While an employer is only expected to do what is "reasonable", failing to make a reasonable adjustment could be regarded as discriminatory. If, however, after considering the options, no reasonable adjustment is possible, taking no action is unlikely to be regarded as discriminatory.

All circumstances can and should be taken into account when determining what is reasonable, including effectiveness, practicality, financial and other costs, the impact on resources and an evaluation of potential impact on the nature of the business. What is reasonable for a large employer to implement may not be so in a small organisation.

It is not surprising that employers may feel very daunted by the prospect of having to address the considerations that can potentially apply in accommodating individuals with a disability, and perhaps also understandable in the current economic climate that employers may put off a review until either they have to (where an existing employee requires change to continue to do their job) or indeed, until a law on Disability Discrimination comes into effect (possibly in the next couple of years).

Once the review process has started, employers may be surprised to find that compliance is not going to involve as much as they envisaged in terms of cost or resources. Any changes could occur on a phased basis, which would reduce the impact and also spread the cost.

It is advisable for an employer to note or distinguish any absence that relates specifically to a disability from sickness absence. This may prove useful, such as in a redundancy selection process, particularly if a consideration is the amount of absence taken by those in the pool. It could be regarded as disability related discrimination if the employer took into account absence that related to the disability.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions