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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44942
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Basically at work I am feeling discriminated because I have

Customer Question

Basically at work I am feeling discriminated because I have been called a terrorist Isis I have witnesses such as workers & supervisor.
My other discrimination at work is me & co workers are feeling discriminated because of foreign language spoken at the work place
The manager said in a meeting that you can't speak any other language in the work area.
But nothing has happened since even though serval co workers and my self have complained to management about this.
It makes us feel uncomfortable at work and we are not treated fairly it seems majority of the time
Submitted: 12 days ago.
Category: Employment Law
Customer: replied 12 days ago.
I have also told the night shift manager about both these situations last week in a meeting with two supervisors as evidences.I have spoken to other workers that have witnessed this & feel discriminated about the following arguments but don't won't to complain in fear of losing there jobs.Workers are feeling at left out due to foreign language spoken and feeling discriminated as they feel they are being talked about & sworn to in foreign language.What as a worker or employees do to take action
Expert:  Ben Jones replied 12 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 12 days ago.

How long have you worked there for and how long has this been going on for?

Customer: replied 12 days ago.
I have worked there since 23/11/2015
Customer: replied 12 days ago.
This has been going for about last four months when I got moved to another apartment in the buliding.
But I never paid much notice to this because I was afraid to stand up against fearing my job was on the line
Expert:  Ben Jones replied 12 days ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience. There could indeed be some potential discrimination on grounds of race/religion and nationality. Firstly if due to your race or religion you have been called a terrorist then this could be an act of discrimination by the person who made the comments.

In terms of the foreign language spoken by other workers, there is no law which says only English or one language has to be spoken, but if in the process one particular nationality is being treated detrimentally then that could also be discrimination.

If the employer dismisses you or penalises you for raising either of these concerns then that would likely amount to victimisation.

In terms of taking this further, you have two options – first of all the formal internal grievance procedure should be followed. If that does not help then your only other option is to make a claim in the employment tribunal for discrimination.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you must follow if you are to take this to tribunal. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Customer: replied 12 days ago.
How to deal with different languages and avoid a claim for race discrimination can be one of the most problematical challenges for employers managing a multi-cultural workforce. While ‘language’ is not a protected characteristic under the Equality Act 2010, race discrimination claims of this nature could be raised on the grounds of nationality or national origins.
The Acas guidance on race discrimination warns that employers should be wary of ‘prohibiting or limiting the use of other languages within the workplace unless they can justify this with a genuine business reason’. The guidance gives the example of telling two employees, whose first language is Russian, that they must speak English to each other at work even when they’re not working. The guide explains that while this could be discriminatory potentially, an employer might be able to justify it if other employees feel excluded or bullied because they cannot join in the conversation ‘in the course of their employment’.Do I have any grounds on this act ?
Expert:  Ben Jones replied 12 days ago.

The Equality Act is the main legislation that would deal with this so yes you can rely on that if needed. You cannot force the employer to tell the others to stop speaking their language but if they fail to do so and you do feel discriminated or excluded as a result then it can be an act of discrimination which you can consider challenging further.

As mentioned I can continue answering follow up questions and in particular can also discuss the steps you must follow if you are to take this to the next step. If you can please leave a rating for the initial response - don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 10 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 9 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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