Combatting accent bias in the workplace

In McCalam v Royal Mail Group Ltd, a Scottish postman claimed in an employment tribunal that he had been subject to race discrimination as, he said, his English colleague could not understand him. 

Pete McCalam worked at a depot in England and he accused his manager, Alan Wiggs, from Royal Mail of being racist. He claimed that he repeatedly said he could not understand him and screwed up his face when speaking with him. McCalam had recorded a conversation in which Wiggs said he could not understand him. He brought the claim against Royal Mail Group, saying they were vicariously liable for his claim.

However, the tribunal found that the reason Wiggs couldn’t understand McCalam wasn’t his accent, but because McCalam talked too fast. They found that he had a tendency to speak faster when he was irate. His claim therefore did not succeed in the tribunal.

The case illustrates the important issue of accents in the workplace and bias against accents. In one study it was found that 45 per cent of employees in the UK have been criticised or mocked, or singled out for less favourable treatment, because of their accent. 

What does the law say? 

To bring a discrimination claim, the complaint must be linked to a protected characteristic. There are currently nine protected characteristics including race, disability and sex. Accent itself is not a protected characteristic under the Equality Act. If, however, a person’s accent is one of a particular national, racial or ethnic origin a discrimination or harassment claim can be brought on the grounds that discrimination has occurred relating to a person’s accent and the connection to that person’s race. 

In Mr J Kelly v Hoo Hing Ltd, the employment tribunal ruled that Mr Kelly, an Irishman, was both racially harassed and victimised when his boss mocked his Irish accent as well as dancing around him “like a leprechaun”. The employment judge said: “It would be difficult to argue that mocking somebody by adopting a stereotypical accent and a set of gestures was anything other than inherently discriminatory. We have no hesitation in finding that it was.”

Other than cases based on national, racial or ethnic origin, the law does not in itself bring protection to regional accents. A claim brought by someone who said that he had been discriminated against for having a Liverpudlian accent failed in a tribunal as the employment judge said that a Liverpudlian accent was not of a particular national origin. 

It may also be the case that there is bias against a person’s accent because of their socioeconomic or educational background, but this isn’t protected by the law.

How can employers help prevent accent bias?

Employers may want to provide training to all of their employees to highlight this important issue. Accent bias needs to be recognised as an important diversity issue and, as well as improving awareness, businesses can make it clear that mocking or criticising accents is potentially discriminatory behaviour that will not be tolerated in any circumstances.

Glenn Jaques is a partner specialising in employment law at Lupton Fawcett