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.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

3 minute read
Buying a new build home: how it differs from a standard purchase - Wollens Solicitors Devon

Buying a new build home: how it differs from a standard purchase

Read Article
2 minute read
What does exchange of contracts mean? - Wollens Solicitors Devon

What does exchange of contracts mean?

Read Article
2 minute read
Jess’s Rule and Clinical Negligence - Wollens Solicitors Devon

Jess’s Rule and Clinical Negligence

Read Article
5 minute read
Break clause bear traps: how businesses accidentally lose lease exit rights - Wollens Solicitors Devon

Break clause bear traps: how businesses accidentally lose lease exit rights

Read Article
3 minute read
Pre-contract searches: what are they and why do they matter? - Wollens Solicitors Devon

Pre-contract searches: what are they and why do they matter?

Read Article
4 minute read
AI and Family Law: A Useful Tool, But Not a Substitute for Expert Advice - Wollens Solicitors Devon

AI and Family Law: A Useful Tool, But Not a Substitute for Expert Advice

Read Article
3 minute read
Preparation Remains the Key to a Successful Move - Wollens Solicitors Devon

Preparation Remains the Key to a Successful Move

Read Article
3 minute read
10 Things to Remember When Selling Your House - Wollens Solicitors Devon

10 Things to Remember When Selling Your House

Read Article