A recent Employment Appeal Tribunal (EAT) case has highlighted that comments about someone’s accent, such as stating it is hard to understand, may constitute unlawful racial harassment.
The case:
In Carozzi v University of Hertfordshire, the claimant alleged harassment and discrimination, partly due to comments made about her strong Brazilian accent. Initially, the tribunal dismissed her claims, but she appealed, arguing:
- Accent and ethnic origin: She claimed that comments about her accent were connected to her ethnic origin (Brazilian), even if those making the comments didn’t consider ethnicity.
- Victimisation: She argued that her employer’s refusal to share a document (meeting notes) was due to fears it could be used to bring a discrimination claim.
The EAT’s findings:
- Accent and race are linked: The EAT clarified that comments about someone’s accent could be “related to” their ethnic origin, even if not made with malicious intent.
- Document refusal as victimisation: The EAT held that withholding a document due to concerns about a discrimination claim could amount to victimisation.
What does this mean for employers?
- Train staff to avoid making comments about accents, as they could be perceived as discriminatory or harassing.
- Be transparent when dealing with employee requests for information to avoid victimisation claims.
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
