Ahead of Guernsey’s new Discrimination Legislation that is being introduced in phases, Mourant’s Associate Laura Bougourd (Property) and Counsel Rachel Guthrie (Employment) have considered what impact it will have on properties.
The need for Guernsey to improve its discrimination legislation has been well documented, but with a new Discrimination Legislation Stakeholder Group formed earlier this year, we’re now starting to get a clearer idea of how it will actually impact our lives when it takes effect over the coming years.
There’s no need to panic if your property does not yet meet the requirements from the guidance that is already available, because there is time to get prepared.
So far, the States of Guernsey have approved the proposals for the new discrimination legislation, which will include prevention of discrimination on the grounds of disability, carer status, race, sexual orientation, and religious belief.
Phase 2, covering age-based discrimination and modernisation of the existing sex discrimination law, will follow it in 2024 and by 2027 a complaints procedure will be in force.
The new Stakeholder Group is turning its attention to identifying training and information requirements before the first phase of legislation is enacted next year.
Although the new legislation is yet to be drafted, it has been made clear by the proposals that it is intended to make it unlawful to discriminate against people at work, when accessing goods or services as a consumer, when using public services or when buying or leasing property.
There will be a duty placed on employers and service providers to make reasonable adjustments to existing properties to enable disabled people to have the same opportunities as others and to prevent a disabled person suffering a substantial disadvantage without such an adjustment. Denying someone a reasonable adjustment would be unlawful discrimination unless making that adjustment would place a disproportionate burden on the employer or service provider.
For those leasing properties, commercial landlords will need to be aware of the new regulations as the law will state they “should not unreasonably refuse requests made by their tenants to make adjustments which will make their properties more accessible”.
There will be a five year delay between the new legislation being implemented and people being able to register complaints which relate to the physical features of a building.
However, accessibility and, in particular, physical accessibility should begin being seen as a priority consideration of all landlords, employers and service providers in relation to their premises, especially if renovations are likely to be carried out in the interim.
Landlords, employers and service providers would be advised to be proactive and start considering potential issues around accessibility now so that any associated reasonable adjustments can be made before the new legislation comes into effect.
It is not anticipated that the whole island will comply with best practice standards by 2027, but making the necessary changes in advance will reduce the chances of a complaint being made against them in future and minimise the risk of having to undertake further works at additional expense.
Disclaimer – this article is based on the proposals approved by the States of Guernsey and so reflects what is likely to be the position under the new discrimination legislation. The content of this article will remain subject to change when draft legislation is available for review.
Our thanks to Associate Laura Bougourd (Property) and Counsel Rachel Guthrie (Employment) from Mourant for their support and work on this article.
