A recent Employment Appeal Tribunal (EAT) case has highlighted that making comments about someone’s accent, such as saying it’s hard to understand, can sometimes be considered unlawful racial harassment.

In Carozzi v University of Hertfordshire, the employee (the Claimant) accused her employer (the Respondent) of several types of discrimination and harassment. Some of her claims focused on comments made about her strong Brazilian accent. Initially, the tribunal dismissed all her claims. However, the Claimant appealed, arguing that:

  1. Accent and Ethnic Origin: She believed the comments about her accent were connected to her ethnic origin (being Brazilian), even if those making the comments weren’t influenced by her ethnicity when they made the comments.
  1. Victimisation: She had claimed her employer refused to share a document (meeting notes) because they were worried she might use it to make a discrimination claim. Employees are protected from being treated less favourably because they have raised issues of potential discrimination. The tribunal had dismissed this claim on the basis that the employer would have withheld the document if they had been worried that the employee might make another legal claim (one which was not for discrimination) so there was no less favourable treatment. The Claimant argued that this was wrong.

The EAT agreed with the Claimant and allowed her appeal. Here’s why:

  1. Accent and race are linked
    The EAT clarified that comments about someone’s accent can be ‘related to’ their ethnic origin – it doesn’t matter if the person making the comment wasn’t influenced by their ethnic origin in making the comments.
  2. Refusing to share documents can be victimisation
    If an employer refuses to share a document because they fear it might be used in a discrimination case, this could count as victimisation. The EAT said the tribunal was wrong to dismiss this claim, the real question was whether the refusal to provide the notes was influenced, at least partly, by concerns about a possible discrimination complaint. 

What Does This Mean for HR?

Transparency is important. Withholding documents out of fear they might lead to legal claims could lead to victimisation complaints.

Train employees to be cautious and respectful about comments on accents—they can easily cross the line into harassment, especially if the accent is tied to a person’s race or nationality.

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.

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