We are now almost two years down the line with "disability" as a protected characteristic in Jersey and we are slowly starting to see judgments come out of the Tribunal that deal with our unique definition.
An individual in Jersey does not need to show that their disability does adversely affect their ability to participate in work. They only need to show that it can, i.e. it has the potential to affect their work.
The Tribunal has set a clear marker that our definition is wide, and that the law is not intended to make it difficult for people to claim that they have been discriminated against on the grounds of disability. By having a wide definition, it is accepted that more people may fall within the definition of disability. But it also directs the attention away from an invasive and sometimes demeaning investigation into the extent of a person's disability.
The correct focus is on whether that individual has suffered discrimination.
Our Jersey qualified employment team is experienced at dealing with discrimination claims, and advising on the Jersey law aspects of disability.
Given that any individual complaining they have been discriminated against is always required to prove that such discrimination has occurred, which in my view is a not insignificant hurdle (and rightly so), I see no difficulty in interpreting the Law so as to make the definition of disability and the resultant class / potential class of people with that characteristic relatively wide. In my judgment that is far more preferable than making the potential class of disabled people artificially narrow.