News and Insights

The following judgment is a landmark discrimination case in Jersey.

Viberts were privileged to act for the family in the disability discrimination case of C v R [2024] TRE 145. Please click here "C" v "R" for the full judgment.

In this landmark case, the Tribunal found that a nursery unlawfully discriminated against C, a child who suffered from epileptic seizures, by excluding C from the nursery. While the Tribunal found that the nursery’s actions were primarily based on the legitimate aim of ensuring C’s wellbeing, health and safety, the Tribunal found that the nursery failed to consider alternatives which may have allowed C to continue at the nursery. As a consequence, the nursery failed to show that exclusion was a proportionate means of achieving the legitimate aim.

While every case is fact-specific, this decision is of considerable importance. It highlights the need for all service providers (including but not limited to schools and nurseries) to address the question of whether refusing or ceasing to provide a service to a person with a disability could constitute unlawful discrimination. It also provides useful guidance in terms of steps that the nursery should have considered, such as looking at alternatives to exclusion and seeking independent medical guidance.

The family have commented: “We are extremely grateful to Advocate Vicky Milner and all of the team at Viberts for their support throughout this challenging process.”

Advocate Vicky Milner, Partner, appeared for C. Viberts act for individuals and organisations in a broad range of employment and discrimination law matters, both in the Jersey Employment & Discrimination Tribunal and the Royal Court of Jersey.