Care worker wins race discrimination case after colleagues spoke Polish in meeting

In Kellington-Crawford v Newlands Care Angus Ltd, an English care worker succeeded in claims of race discrimination and harassment after feeling excluded in a disciplinary meeting where her three Polish managers spoke to each other in Polish. The Claimant did not speak the language and felt intimidated and isolated.

She had been called to the meeting over alleged inappropriate messages. Despite the absence of hostile intent, the tribunal found that the managers’ conduct had a harassing effect – violating her dignity and creating an intimidating environment.

The tribunal also upheld her claim for direct race discrimination. It found that the claimant, as the only non-Polish speaker, had been treated less favourably compared to someone who could understand the language. Had a Polish-speaking comparator attended the same meeting, they would have been able to follow and respond to the discussion — and potentially would not have been spoken about in the same way.

The claimant was awarded £2,500 for injury to feelings.

Lessons for HR

• Set expectations around language use – Ensure that meetings, particularly formal ones, are conducted in the common workplace language if participants do not all share the same first language.
• Focus on inclusion – Using a language not understood by everyone present can create exclusion, undermine trust, and in some cases, amount to discrimination or harassment.
• Train managers – Raise awareness of inclusive communication practices and the risks of inadvertent exclusion.

A blanket ban on foreign languages is not the answer, but clear guidance and thoughtful communication can help avoid similar risks.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

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