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ARTICLE · 31 MARCH 2026

Disability Discrimination: Guernsey Tribunal's First Substantive Decision

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It may be possible to defend a disability discrimination claim on the basis that the employee is not capable of fulfilling the essential functions of the role, even where a fair dismissal process is not followed.

GuernseyEmployment and HR

Key Takeaways

  • It may be possible to defend a disability discrimination claim on the basis that the employee is not capable of fulfilling the essential functions of the role, even where a fair dismissal process is not followed. 

  • Employers should not rely on an employee's verbal agreement to resign, particularly when it is followed by a contradictory communication.

  • A dismissed employee's refusal of reinstatement will not automatically reduce an award.

The Guernsey Employment and Discrimination Tribunal has delivered its first full decision in relation to a claim of disability discrimination. While the new disability discrimination legislation came into force on 1 October 2023, up to now the Tribunal's decisions have related to earlier procedural steps in claims. In this case, Cortez v Guernsey Cheshire Home LBG, the Tribunal considered whether the employer had discriminated against a former employee whose employment was terminated due to disability-related absence and

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