Exceptions The Law Schedule 2 provides certain exceptions where an act that

Exceptions the law schedule 2 provides certain

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Exceptions The Law (Schedule 2) provides certain exceptions where an act that might otherwise amount to prohibited discrimination will not be treated as such under the draft Law, for example: generally, acts done under legislative or judicial authority (Schedule 2, Part 1, Paragraph 1), specifically, for example, recruitment of a specified nationality to play in a national football team (Schedule 2, Part 2, Paragraph 6). Enforcement The Law reforms the role of the existing Employment Tribunal as the Employment and Discrimination Tribunal (the ‘Tribunal’). The Tribunal will have the jurisdiction to hear complaints about acts of discrimination that occur in all areas, whether in the workplace or otherwise (Article 36). An amendment 2 UNCLASSIFIED /var/filecabinet/temp/converter_assets/79/b4/79b4e3c7f8353a14b0b24747c3b2b9a56460f76d.doc
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UNCLASSIFIED to the Employment Tribunal (Jersey) Regulations 2005 ensures that the Tribunal’s constitution, membership and administration reflect this change. A complaint must be made to the Tribunal within 8 weeks of the act of discrimination. Where there is a series of discriminatory acts, the complaint must be made within 8 weeks of the last act (Article 37). All complaints will be referred for conciliation or mediation, if both parties agree: - If the complaint relates to employment, to Jersey Advisory and Conciliation Service for conciliation (Article 38); and - If the complaint does not relate to employment, to a person who is qualified in conducting conciliation or mediation (Article 39). If the parties do not agree to conciliation, or if conciliation is not successful, a complaint is referred to the Tribunal (Article 41). A complainant will need to demonstrate to the Tribunal that, on the balance of probabilities, he or she has been discriminated against. Remedies If the Tribunal finds that a complaint has been proved, it may do any, or all, of the following three things (Article 42); 1. Make an order declaring the rights of the complainant and the respondent; 2. Order compensation of up to a maximum of £10,000 for any financial loss and up to a maximum of £5,000 for hurt and distress, subject to an overall limit of £10,000 covering the entirety of the award of compensation; and 3. Recommend that the respondent takes certain action within a specified period of time for the purpose of reducing the adverse effect of the act of discrimination on the particular complainant. The cap on compensation has been set at £10,000, but may be subject to review in the future. The States may, by Regulation, amend the maximum level of compensation payable or introduce different levels of compensation for financial loss, or for hurt and distress. Prevalence of racial discrimination in Jersey Jersey Annual Social Survey The States of Jersey Statistics Unit included questions about discrimination in the 2012 Jersey Annual Social Survey (JASS). The findings included the following: Nationality – Overall, nine percent of adults reported that they had been discriminated against on grounds of nationality in the previous 12 months.
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