News and Insights

The Jersey Employment and Discrimination Tribunal (the “Tribunal”) has jurisdiction to hear discrimination claims falling within the scope of Parts 3-5 of the Discrimination (Jersey) Law 2013.

Part 5 covers non-work-related matters such as education, the provision of goods and services, clubs and access to public premises. While claims may be raised under Part 5 from time to time, the majority of discrimination claims in Jersey arise under Part 3 (paid employment) and most cases settle. This was the first time the Tribunal had heard a case concerning allegations of discrimination in education since the Discrimination (Jersey) Law 2013 came into effect.

The case of C v Minister for Children and Education was a claim brought by a parent as a result of the acts and omissions of the Education Department in relation to a child’s Record of Need (“RoN”). In Jersey a Record of Need describes a pupil’s special educational needs and the arrangements that will be made in order for the child to make progress at school. Most of the claims brought against the Minister failed. However the Tribunal held that:

“The failure of the Minister, acting through the Education Department, to finalise and sign the drafts of the Record of Needs for C that were implemented and advise P of the right of appeal constitutes direct disability discrimination under Article 6(12) of the Discrimination Law.”

This is an interesting case, noting from the judgment that:

“…there are about 550 or so RoNs across the Island”.

Curiously, one can see from Freedom of Information responses posted on Gov.je that the number of RoNs in the Island has increased from 239 in 2016, to 271 in January 2022 and then to 538 by the end of 2023.

Whatever the reason for the sharp rise in RoNs, this judgment demonstrates the essential role of the Tribunal in terms of protecting the right of Islanders, including children, not to be subject to unlawful discrimination.

C v Minister For Children And Education

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