A TOP Guernsey advocate has spoken out about women’s rights in the workplace, following a debate in the States at the end of last month. Deputies agreed to prioritise a report on bringing in any legislation needed to extend to Guernsey the provisions of the United Nations Convention on the Elimination of All Forms of Discrimination against Women.
John Greenfield, pictured left, head of the employment and pensions group at Carey Olsen, said that while an update to Guernsey’s discrimination laws might be due, there were laws currently in place to protect women from sexual discrimination.
The Sex Discrimination (Employment) (Guernsey) Ordinance, 2005, came into force on 1 March 2006.
The ordinance outlaws in employment all discrimination on grounds of sex, gender reassignment or marital status. It also provides a procedure for complaints of discrimination to be made to the Employment and Discrimination Tribunal.
‘While an update to the current legislation is needed to bring the law up to date, it is important that people understand there are measures already in place to protect them,’ said Advocate Greenfield.
The three types of sex-based discrimination are defined by the ordinance as direct discrimination, indirect discrimination and victimisation.
Direct discrimination is the favourable or less favourable treatment of one person over another.
Indirect discrimination is putting some sort of obstacle in the way of someone which they find difficult to overcome because of their gender.
Vicitimisation of someone on account of their being involved in a sex-discrimination complaint under the ordinance is itself discrimination.
‘The ordinance also serves to protect women who are pregnant against discrimination in the workplace,’ explained Advocate Greenfield.
‘If an employer gives an employee special treatment because she is pregnant, male employees cannot allege sex discrimination on the grounds that a woman is treated more favourably on grounds of her pregnancy or maternity.
‘This means that if time off is given to female employees for ante-natal check-ups, for example, men in the office cannot complain about sex discrimination and do not have to be granted similar time off.’
If an employee wishes to make a discrimination claim, they must find someone with whom to compare themselves.
‘This person must be in the same or a similar position to the person bringing the complaint.
‘The employee will also have to show that their less favourable treatment was as a result of their gender and not for other reasons such as poor performance or behaviour.’
Anyone with concerns over employment issues can contact Advocate Greenfield or his employment team at Carey Olsen.
‘It is reassuring that deputies are now actively discussing this matter and making it a priority at last, but if islanders have concerns about discrimination, there is already some protection offered in law already.’
Article posted on 11th October, 2007 - 12.00am
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