It will be interesting to learn of the final outcome of this 👇 🔽 ⬇️ 🔻
The Employment Appeal Tribunal (EAT) has recently ruled that comments about an employee's accent can amount to harassment under the Equality Act 2010 even if they were not motivated by race. In Carozzi v University of Hertfordshire a Brazilian employee resigned and brought a number of employment tribunal claims including for race related harassment over comments made about her accent. The University defended the harassment claim on the basis that the comments were not motivated by race but about an inability to understand what she was saying. An Employment Tribunal accepted this defence and dismissed the claim. However Ms Carozzi has appealed successfully to the EAT who ruled that the law only requires the alleged conduct to be related to race, it does not have to be because of race. The claim has been sent to a new Tribunal to decide if the comments were related to race and whether other required elements for a claim of harassment have been met, namely whether it was unwanted conduct which had the purpose or effect of violating the employee's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. The new Tribunal will also consider whether it was reasonable for the conduct to have that effect. It will be interesting to see what the outcome is, but this decision of the EAT shows that the courts are willing to find that an accent is an important part of a person's national or ethnic identity and thus subject to protection. Employers will need to take this into account and bear in mind that banter or comments about accents (if perceived as criticism) could result in an Employment Tribunal claim! As a proud northerner working in the midlands I only wish I could claim that my accent is a protected characteristic! If anyone needs help understanding the complexities of discrimination law, or defending an employment tribunal claim please get in touch with me or DFA Law LLP.