Language discrmination in the workplace?
I am a manager in a FMCG warehouse. We employee a high majority of Polish workers that have come into the company through employment agencies. Recently an "English must be spoken at all times" sign was posted at the window of a department. If the use of their native language is quicker for the operatives to use & converse in, is the company liable to legal action?
This sign has caused alot of ill feeling from our Polish workers and they are thinking of bringing a group grievance against the company.
Where does the company stand on this issue, is it illegal to make this request?
Answers:
I assume you are in the UK:
The test for racial discrimination (under the RDA 1974) is similar to that for sex discrimination - the subjecting to a detriment of a race or nationality or the imposition of a requirement which by it's nature subjects a race or nationality to a detriment.
This requirement seems to me to impose a restriction on workers communicating in any language other than English, at all times, even if two Poles ask one anotehr where the toilet it. It would, in my view, be held to be clrealy discriminatory becasue of the restrictions it imposes which are not necessry for the operation of the business (unlike say, having a good command of English when answering the telephone).
It's not my place to say whether this is a good or bad thing - all I can say is that the employers would almost certainly eb found liable if taken before a tribunal.
[apologies for typos - writing at some speed]
No they cannot do that. Thats discrimination against them..Whats the purpose of it anyway..Some employers are going way too far these days, Drug tests, alcohol tests, toilet supervision, time controll on toilet visits, Spy Cameras, Strict conditions on smokeing , eating, Farting, sexual behaviour, relationships, ...Unions need to be rekindled and begin to protect us against this robotic culture that large and small industries are inflicting against us ...We all need to stand up and shout enough is enough treating us like sub human beings...
no. they have all the rights in the world to do this. it is their co. if the polish people don't like it find a new job. start their own bus.
I think it's a fine line. But, if they come to work in Britain, regardless of the minority languages that are inherent here like Gaelic and Welsh (is Cornish still going or has that died out now?), in places where English is the first language spoken purely from the aspect of health and Safety they must be able to understand instructions given in English for that purpose.
Sorry, I have no idea what FMCG means, but a 'warehouse' implies that things like fork-lift trucks, heavy machinery, stacking bales, binder equipment are in use. Try doing a risk assessment. If they cannot understand the language on precautinary notices and instructions, then for their own safety I would have thought that they should not be allowed to work there until such time as their comprehension of the language is equal to the task.
If you are in the US, then they probably have a very valid suit. The US does not have an "official language" like most countries do. Since we were founded by English colonists and the majority of our population speaks English, English is our "de facto" language, but there is no "official" language in the US.
However, some individual states have declared English an offcial language of the state, so there is a chance that they may not be able to sue.
In all likelihood, though, the sign is probably illegal. Consult with yoru companmy legal representation to have him or her verify the legality of the sign before you are sued for discrimination.
I also think the person above me has a valid point about the possible safety issue in a multi-language warehouse. Again, I recommend consulting your legal rep to ensure the legality of the sign, but the "risk assessment" the above person suggested may also be in order. If you can prove that the sign makes the workplace safer, you will probably be in the clear.
i don't no how the law stands on this but i think its a great idea and they should be put up in all public places
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