Managers speaking Polish in meeting was race discrimination
Managers speaking Polish in meeting was race discrimination
An English employee has succeeded in race discrimination and racial harassment claims following a performance meeting during which the management team spoke to each other in Polish at various points. Why did the employee's claims succeed?
Polish spoken at formal meeting
Ms Kellington-Crawfords (KC), who is English, was employed by NewLands Care Angus Ltd (NCA) as a senior care assistant, providing care support to vulnerable people in their homes. Most of NCA's other employees were Polish, including the management team.
On 14 December 2022, KC was invited to attend a "support supervision meeting" to review her performance. This meeting was also attended by KC's line manager, the business owner and another member of the management team, all of whom were Polish. KC was the only non-Polish speaker present. During the meeting, they spoke to each other in Polish at various points. KC felt uncomfortable and intimidated by this, worried that she was being discussed and criticised without knowing what was being said. She was subsequently dismissed in January 2023 for failing her probation period. She brought various claims, including for direct race discrimination and racial harassment related to the meeting. Although her other claims failed, those claims succeeded.
Successful race discrimination claims
The employment tribunal ruled that KC was treated less favourably than her hypothetical comparator at the meeting because of race, her comparator being an employee attending a meeting for the same reason who could understand Polish. The comparator would have been able to understand the conversation and to respond. Plus, had any of the comments been inappropriate, they likely would not have been made at all if KC could have understood them. She therefore succeeded in her direct race discrimination claim.
As for racial harassment, the managers speaking Polish at the meeting was unwanted conduct related to KC's race which had the effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. KC was outnumbered and the only one who couldn't understand anything being said in Polish. Whilst never speaking Polish didn't intend to violate KC's dignity so, their conduct did have that effect and, given the importance of the meeting and the seriousness of the matters under discussion, it was reasonable that she felt intimidated and humiliated. KC was awarded £2,500 for injury to her feelings.
Risks of not speaking English
In addition to the discrimination and harassment risks highlighted by this case, when members of the management team speak amongst themselves in a language other than English during a formal meeting with an employee who doesn't understand that language, it can lead to complaints of: (1) bullying, because the employee is made to feel excluded; and (2) procedural unfairness, if it was a disciplinary hearing or performance management meeting that leads to an employee's dismissal, it could result in an unfair dismissal finding.
Tip. Always conduct formal meetings in English and ensure clear communication throughout. The only exception might be where a different language is fluently spoken and understood by all attendees, and they consent to the meeting being conducted in that language.
The use of Polish by managers at the meeting was less favourable treatment because of her race, the employee's race. It also created an intimidating and humiliating environment for her, and it was reasonable that she felt intimidated and humiliated. Always conduct formal meetings in a language understood by all parties — typically English in UK workplaces.