The Use Of Language In The Workplace For Employers

As the workplace evolves into a more diverse landscape, encompassing differences in race, religion, gender, age and more, language plays an essential role in achieving inclusion and safeguarding employees from discrimination. Managing this effectively is both challenging and essential to ensure you are creating a safe and supportive workplace.

A key starting point for creating an inclusive workplace is familiarising yourself with The Equality Act 2010. As the foundation of UK anti-discrimination law, it sets out to safeguard individuals from unfair treatment based on nine protected characteristics, many of which relate directly to language. These are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity 
• Race, including colour, nationality, ethnic or national origin
• Religion or belief
• Sex
• Sexual orientation

The act defines different types of discrimination. Direct Discrimination occurs when someone is treated unfairly due to a protected characteristic, such as an employer will not hire someone as English is their second language. Indirect Discrimination happens when the discrimination is not aimed at a particular person, such as the enforcement of a general policy that negatively impacts a particular group or characteristic. A language policy, for example, stipulating English at all times could be indirectly discriminatory unless it can be legally justified with something like a safety concern. Finally, Combined Discrimination is when multiple protected characteristics are used against a person.

Inappropriate use of language at work
Language-based harassment can take many forms, with offensive jokes targeting protected characteristics being a frequent and harmful example. Such behaviour not only undermines effective communication but also impedes any progress in communication and inclusion. Mocking someone's accent, mimicking their speech, or deliberately excluding individuals from conversations due to their language abilities are clear forms of discriminatory behaviour. Enforcing strong anti-harassment policies, providing staff training on appropriate behaviour, and addressing complaints promptly are starting points for anyone wanting to ensure compliance with the Equality Act and promote a more inclusive and respectful working environment.

Other ways language influences diversity
Language is not just about words but also about providing the necessary tools for communication, with areas such as disability, interpreters, or accessible materials that may be necessary for an employee. Some companies also use multilingual signs around the premises to ensure maximum inclusion. The Equality Act 2010 (Amendment) Regulations, effective January 2024, emphasises the need to accommodate the communication needs of pregnant employees and those returning from maternity leave, ensuring they receive the necessary support and adjustments.

 Ways to address these points include:

• Language Support: Offer language support or interpretation services for employees with limited English skills, especially in critical situations like disciplinary hearings.
• Targeted Policies: If customer communication is the primary concern, limit the policy to customer-facing roles. Internally, translation tools or interpreters could be used to bridge language gaps.

Tips for Protecting Your Business and Your Employees
If you choose to implement a language policy, it's important to approach it with care and consideration:

1. Begin by promoting the policy positively, emphasising the use of English in work-related conversations rather than targeting other languages, as anything perceived as negative could lead to discrimination claims.
2. Clearly define the policy’s coverage, specifying whether it applies only to work-related discussions or extends to social situations, and ensure its scope matches its justification, such as preventing exclusion or addressing health and safety concerns.
3. Consistency is key—apply the policy uniformly to all employees to avoid perceptions of bias.
4. Additionally, include the policy in recruitment processes and employment contracts to maintain transparency from the outset.
5. Finally, seek professional advice to ensure the policy complies with legal requirements, maintaining a fair and balanced approach.