"Can I stop my employees from speaking their native language in the office?"

How language links with race discrimination

Language is a protected characteristic under the Equality Act 2010, due to the fact that language is directly linked to nationality. Race discrimination in the workplace is unlawful under the Equality Act 2010, and race is defined to include color, ethnic or national origins and nationality. Language, therefore, being a key characteristic of an individual’s national identity, falls within the protected characteristic spectrum.

It is also important to note that protection from race discrimination in the workplace covers not only employees, but also job applicants and even some self-employed people. Unlike unfair dismissal, an employee does not need two years of service in order to bring a claim for race discrimination.

Legal position of prohibiting foreign languages in the workplace

Since language is a fundamental element of nationality, it is clear that it also directly links to race. The issue for concern here is whether an employer can prohibit employees from speaking their native language in the workplace. The legal position is that in most instances, employers are not able to prohibit employees from speaking their native language at work, however, there are exceptions to this.

Prohibiting employees from speaking their native language may be considered direct discrimination if it disproportionately affects individuals of a particular national or ethnic origin, or it may be considered indirect discrimination if it puts certain groups at a disadvantage and cannot be objectively justified.

On the other hand, if an employer has a policy that employees must only speak English at work, even though this policy would apply equally to all employees, it may disadvantage an employee of a particular race, which would be considered indirect discrimination.

It is also worth noting that, in cases of direct discrimination, an employer would have to prove that their decision to prohibit employees of speaking their native language is completely unrelated to their race.

There is surprisingly little case law of discrimination cases involving language, however, in Dziedziak v Future Electronics Ltd, a Polish employee was having a conversation with another colleague at work in Polish. She was then told that she couldn’t speak Polish at work and that another colleague in the office had complained. The treatment of the Polish employee was considered to be direct race discrimination and this claim was successful.

Defenses for Employers

There is, however, a defense for employees, shown in the case of Kelly v Covance Laboratories Ltd, which was an animal testing laboratory which had regular assaults on its employees by animal rights activists as well as undercover activists. The Claimant in this case was speaking Russian often at work and on the phone, causing managers to become concern that she was an undercover animal rights activist. The Employer then implemented an English speaking policy at work, and this was upheld by the Employment Appeal Tribunal, as there was a good reason for the policy, which was to protect the security of the laboratory and the staff within it.

Final Remarks

It is also important to note that blanket bans on speaking native languages may be unnecessary and can contribute to a less inclusive environment and can lead an employer open for a discrimination claim. Therefore, employers should always seek legal advice to ensure that any language policies comply with the Equality Act 2010.

If an employer is looking to restrict the use of foreign languages in the workplace, they must have a justification to do so, such as:

• Safety Issues

• It is causing bullying and harassment.

• Customer communication is being impacted.

Even though there may be some exceptions where employers could prohibit employees from speaking their native language at work, more issues may arise from this, rather than benefits. The potential for a discrimination claim against an employer who puts these policies in place is high. To avoid this risk, should avoid considering policies that could affect employees under the protected characteristics of race, unless they can definitely demonstrate that the reason for this policy is not related to race at all.

If you feel that you have been discriminated against because of your race or using your native language at work, or if you are a business and are considering implementing a language policy, then please contact us on 0116 212 1000

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