Preliminary success in Guernsey discrimination case

Image of Anna Beale KC and Imogen Brown

Anna Beale KC and Imogen Brown have successfully represented the Respondents in a preliminary issue before the Guernsey Employment and Discrimination Tribunal, in what is believed to be the first decision concerning the Prevention of Discrimination (Guernsey) Ordinance, 2022.

The case concerned how the statutory cap on compensation applies to discrimination claims brought under the Ordinance. The Applicant had advanced multiple complaints against the Respondents. The Respondents applied for the claims to be joined on the basis that they arose from the same facts and circumstances.

The issue was significant because, if joined, the claims would be subject to a single overall cap on compensation, rather than an individual cap applying to each claim.

Both parties made detailed submissions addressing legislative intent, comparable law in England and Wales, and principles of statutory interpretation.

The Tribunal determined that the complaints should be joined. As a result, any compensation will be subject to the overall statutory cap provided for in the legislation.

Anna and Imogen represented the successful Respondents and were instructed by Carly Parrott of Carey Olsen LLP.

They continue to accept instructions in employment and discrimination disputes in Guernsey.

For Carey Olsen’s helpful summary of the decision and its implications for Guernsey practitioners, please click here.