The Hidden HR Risk of Using Foreign Languages in Meetings

As HR professionals, we know that effective communication is critical in maintaining trust, inclusivity and professionalism in the workplace. However, a recent employment tribunal ruling has highlighted how the choice of language in certain settings, particularly formal meetings, can lead to claims of race discrimination and harassment.

This case serves as an important reminder that even seemingly small communication decisions can have significant legal and cultural implications for your organisation.

The Legal Context:

The Equality Act 2010 protects individuals from discrimination based on race, which can include nationality and in some circumstances, language ability. While there is no blanket ban on speaking other languages at work, the tribunal found that doing so in specific contexts, where it results in an employee being excluded from understanding, can breach the law.

In this recent case, a care assistant attended a formal meeting with three managers who spoke in Polish at points during the meeting. She was the only person present who could not understand what was being said, and the tribunal concluded that this created an intimidating and humiliating environment.

The employer was ordered to pay £2,500 in compensation for race discrimination and harassment.

Why This Matters for Employers:

This case underlines that:

• Context is crucial: Day-to-day multilingual conversations between colleagues may not be sufficient to give rise to a successful discrimination claim, unless the employee can demonstrate there was a deliberate attempt to exclude them through language. However, formal settings  (e.g., disciplinary hearings, performance reviews, grievance meetings ) require clear and inclusive communication.
• Perception matters: Even if exclusion is unintentional, an employee’s reasonable belief that their dignity has been violated can form the basis of a claim.
• Language can be legally linked to race: Treating someone differently due to their ability or inability to speak a language may amount to race discrimination under the Equality Act.

How Employers Should Manage Language Use in the Workplace

1. Set Clear Expectations

   Include guidance in your employee handbook on language use in formal meetings and sensitive discussions. State that the chosen language must be one understood by all participants.

2. Ensure Inclusivity in Formal Settings

   If not everyone in a meeting speaks the same language, agree beforehand to use a common language or consider providing an interpreter. 

3. Train Managers on Equality and Inclusion

   Equip managers with the skills to recognise when language use could unintentionally exclude or disadvantage someone.

4. Be Consistent

Apply policies fairly across the workforce to avoid perceptions of favouritism or targeted treatment.

How MAD-HR Can Support You