£11,000 award after being prevented from speaking Swahili at work

A tribunal has awarded a Tanzanian employee almost £11,000 after finding he was racially discriminated against when he was told to speak only English at work and was prevented from using Swahili.

The Glasgow tribunal heard that the employee was instructed by his manager not to speak Swahili while on site. The tribunal concluded that this created a working environment that was hostile and humiliating.

The employee worked for an organisation involved in nuclear site decommissioning across the UK. In August 2023, he was told verbally that he should only speak English at work, and this instruction was later confirmed in writing.

After receiving the instruction, the employee stopped speaking Swahili with his family during lunch breaks and asked them not to contact him while he was at work until he had completed his probation. He told the tribunal he felt upset and humiliated, and that he feared colleagues were watching him and reporting him.

The tribunal heard that the employer said the manager had been responding to complaints from others, including concerns that the employee was being disruptive. The employee said the situation caused significant stress and affected his home life, leading to tension within his family.

Later that month, he was placed on a performance management programme. The tribunal accepted that genuine capability concerns emerged later and were not racially motivated. During the following months, the employee visited his GP and was prescribed medication, but he continued working because he feared losing his job.

In early 2024, he raised a grievance alleging race discrimination, but it was not upheld. While the grievance was being handled, he was moved to a different manager, who the tribunal said managed performance issues fairly and without discrimination. The employee was ultimately dismissed after failing probation, and the tribunal agreed this decision was based on capability rather than race.

However, the tribunal found the “English only” instruction was discriminatory. It noted there had been no criticism of the employee’s performance before the language restriction was introduced. It also found the instruction was not a one-off comment, as it was repeated in writing without any acknowledgement of how offensive or degrading it was. He was awarded £10,875.94 in total, including £9,000 for injury to feelings and £1,875.94 in interest.

In deciding compensation, the tribunal considered the impact on the employee’s wellbeing, confidence, and family life. It upheld claims of direct and indirect race discrimination relating to the restriction on speaking Swahili, and also found discrimination linked to part of the performance management period.

This case highlights the risk of applying “English only” rules too rigidly, especially where there is no clear operational need and the restriction interferes with an employee’s personal communications. Should you have any questions relating to this matter please contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

£11,000 award after being prevented from speaking Swahili at work

121 HR Solutions Ltd