Polish chat led to employer’s illegal race discrimination

Case 9: The facts

The claimant, who is Polish, was having a work-related conversation with a Polish colleague. Shortly after, her line manager called her into a meeting and reprimanded her for speaking Polish, saying that a co-worker had complained that it was distracting.

The tribunal found that an instruction to an employee not to speak in their own language was unlawful discrimination on grounds of nationality. It was clear on the evidence heard by the tribunal that employees of other nationalities were not subjected to the same restriction as that imposed on the claimant. The employer appealed.

The ruling

The Employment Appeal Tribunal agreed with the tribunal that the instruction not to speak Polish, in the circumstances of this case, amounted to less favourable treatment on grounds of nationality. It was, therefore, unlawful race discrimination on the grounds of nationality.

Commentary

An instruction to speak or not to speak a particular language in the workplace will not always be racially discriminatory. Each case will depend on its own particular facts.

Dziedziak v Future Electronics Limited UKEAT/0270/11/ZT