Excluding colleagues by speaking foreign languages is ‘race discrimination'

Telegraph

a day ago

Deliberately excluding a colleague by speaking a foreign language they cannot understand is race discrimination, a tribunal has ruled.
A Glasgow employment tribunal found that colleagues who use their native tongue in front of a co-worker in a meeting who cannot speak the language can 'violate their dignity'.
Samantha Kellington-Crawford, a carer at Newlands Care Angus, won £2,500 in compensation after she was called into a meeting with three female bosses who spoke to each other in Polish.
The tribunal ruled that Ms Kellington-Crawford, who is in her 50s, is entitled to compensation for race discrimination and harassment.
Ms Kellington-Crawford started working at Newlands Care Angus in Forfar, Angus, in February 2022.
The elderly care provider firm had around 45 employees, of which five were in management. Many of the employees were Eastern European and some were unable to speak English.
Ms Kellington-Crawford initially worked as a care assistant before being promoted to senior care assistant in October 2022, earning £13 per hour.
She felt they were talking about her
The tribunal heard that Ms Kellington-Crawford had tensions with her bosses throughout her employment – including issues with booking leave following her father's death, complications with promotions and returning her company car to the office.
She attended a formal supervision meeting on December 14 2022 with three of her bosses, all of whom were Polish.
They spoke Polish to each other throughout the meeting, leaving Ms Kellington-Crawford feeling uncomfortable as she felt they were talking about her without her knowing.
She subsequently received a letter headed: 'Final written warning as an alternative to gross misconduct dismissal.'
After a further issue with company cars she received a letter from her boss telling her that they would not be keeping her on.
It was found that she had been subjected to race discrimination and harassment at the December 2022 meeting and Newlands Care Angus were ordered to pay her £2,500 in compensation.
The finding suggests that speaking in a foreign language during a meeting can amount to harassment.
However, it was deemed that generally speaking a foreign language around the office does not amount to harassment.
'Could not understand anything'
Employment Judge Brian Campbell concluded: 'This crossed the threshold by being something that [Ms Kellington-Crawford] did reasonably believe to have violated her dignity or created an intimidating, degrading or humiliating environment for her.
'She was outnumbered and the only one who could not understand anything being said in Polish.
'Given the importance of the meeting and the sensitivity of the matters under discussion it was reasonable that she felt intimidated and humiliated.
'Although the ability (or lack of ability) to speak the language of a nation is not the same as being of that nationality itself, the two can be linked closely enough that treating an employee a certain way because of that ability, or lack of it, can be 'because of' the protected characteristic of race.'
Ms Kellington-Crawford also won a claim of unlawful deduction of wages relating to £16.97.
She lost other claims including age discrimination, victimisation, whistle-blowing detriment, and failure to pay accrued annual leave.