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| Provision of Ordinance | Employer |
Service providers |
Schools and education providers | Clubs and associations | Accommodation providers |
|
General prohibitions on discrimination |
1 Oct 2023 | 1 Oct 2023 | Not before 1 Sept 2025* | 1 Oct 2023 | 1 Oct 2023 |
|
General duties of reasonable adjustments; Excluding physical features |
1 Oct 2023 | 1 Oct 2023 | Not before 1 Sept 2025* | 1 Oct 2023 | 1 Oct 2023 |
|
General duty of reasonable adjustments to physical features |
Not before 1 Oct 2028 | Not before 1 Oct 2028 | Not before 1 Oct 2028 | Not before 1 Oct 2028 | Not before 1 Oct 2028 |
|
Pro active duty to make reasonable adjustments; Excluding physical features |
N/A | Not before 1 Oct 2028 | Not before 1 Sept 2025* | N/A | N/A |
|
Pro active duty to make reasonable adjustments to physical features |
N/A | N/A | N/A | N/A | N/A |
|
Duty to carry out minor improvements |
N/A | N/A | N/A | N/A | Not in force on 1 Oct 2023. To be determined by Regulations. |
|
Duty to allow reasonable adjustments to physical features- residential landlords |
N/A | N/A | N/A | N/A | Not before 1 Oct 2028 |
|
Duty to allow reasonable adjustments to physical features- commercial landlords |
N/A | N/A | N/A | N/A | Not before 1 Oct 2028 |
|
Public sector duty to prepare accessibility action plans |
N/A | Public sector only - 1 Oct 2028 | Public sector only - 1 Oct 2028 | N/A | Not before 1 Oct 2028 |
*Where a school or education provider is acting as an employer or general service provider, rather than an education provider, duties will come into force from 1 Oct 2023, in line with the dates in the first two columns.
If an act of discrimination occurs before the relevant implementation date, an individual will not be able to bring a claim under the new Ordinance. Claims cannot be brought after the implementation date for acts or omissions that occurred prior to the implementation date.
Those duties which are due to come into force after 1 October 2023 will require a commencement regulation to be made by the Committee for Employment & Social Security and shall not have effect unless and until approved by a resolution of the States.
It should also be noted that the intention is that different Protected Grounds will be introduced over the next few years, including age, and that the existing Sex Discrimination Ordinance will be replaced, with sex, pregnancy, marital status and gender reassignment being added as Protected Grounds under the Ordinance.
Taken from Employment Guidance Chapter 9.5
