Dziedziak v Future Electronics Ltd 2012 Reading Tribunal
Ms Dziedziak was found to have been directly discriminated against on the grounds of her nationality when she was instructed to refrain from speaking "her own language" at work, which was Polish. Ms Dziedziak was called to a meeting shortly after she had been overhead having a work-related conversation with a colleague in Polish. She was reprimanded for speaking Polish by her line manager as a colleague had complained that their conversation was distracting her.
On the evidence heard by the Tribunal, employees of other nationalities were not subjected to the same restriction and there was no general policy in place that applied to all nationalities. Future Electronics was unable to provide an explanation for the instructions and the Tribunal's view was that on the evidence direct discrimination had occurred.
Key point: Any language restriction policy or constraints in a business with global or international employees will have to be applied carefully. Employers should equally ensure that employees who do not understand the employer's first language are not discriminated against or made to feel or uncomfortable.
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