On 20 May 2016 the Jersey Employment and Discrimination Tribunal heard the first case of its kinds under the Discrimination (Jersey) Law 2013. The case concerned a transgender person who alleged both direct and indirect discrimination against Condor Ferries.
The company, as a result, is having to update its customer service provision to ensure that the needs and expectations of all its passengers, including transgender persons are met. Condor Ltd was ordered by the Tribunal to update its Equality and Diversity Policy, Employee Assistance Programme and the signage on its toilet facilities.
The case is a warning to all businesses in the Island, especially those providing goods and services to members of the public, to review their policies and practices around transgender persons.
This case shows that something as simple as the way in which a person is addressed or the manner in which they are directed to use washroom facilities can result in findings against a business of indirect discrimination. The tribunal will not consider a lack of employee awareness an acceptable explanation for any discriminatory conduct.
