Jersey Discrimination: Employees With Non-Physical Disabilities And Disciplinary Procedures

A recent case ([2022] TRE 31A) required the Jersey Employment and Discrimination Tribunal to consider a number of potential issues, including disability discrimination for a non-physical disability, knowledge of disability and whether the removal of counselling amounted indirect discrimination by failing to make a reasonable adjustment.

The employee (EE) was partially successful, and the key points for employers are:

1. As we have said previously there is a low bar to establishing disability in Jersey;
2. Employers can be fixed with knowledge of a disability where they know or ought to know that the employee has a disability. So where they are aware of relevant symptoms this can be enough to establish knowledge; and