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Culture Clash!

The expansion of the European Union and the consequent removal of barriers to living and working in the UK have resulted in a strong influx of migrant workers from nationals of eastern European countries.
This new wave of immigration has raised various employment issues for employers. One particular concern is the potential for discrimination claims based on race. Racism is often associated with skin colour and there is less recognition given by employers to the possibility of racism stemming from cultural differences or nationality.

Background to the law

The Race Relations Act 1976 (RRA) divides racial discrimination into four distinct areas; direct and indirect discrimination, victimisation and harassment.

• Direct Discrimination is where a person, on racial grounds, treats another less favourably than he treats or would treat other persons.

• Indirect Discrimination is where one person applies to another a requirement or condition, which applies or would apply equally to people of another racial group, but proportionately fewer people from that first racial group can comply with it. The treatment cannot be justified and is detrimental. This protection applies to issues of colour, race, nationality, ethnic or national origin.

• A person can also discriminate against another if an (apparently) neutral provision, criterion or practice puts people of a particular racial, ethnic or national origin at a disadvantage compared with other people, unless it is objectively justified by a legitimate aim.

• Victimisation has a strict legal definition in the RRA and is where a person is treated less favourably than other persons would be treated, because he or she has, for example, raised a grievance concerning alleged discrimination, brought proceedings in an Employment Tribunal or given evidence in such a case.

• Harassment is unwanted conduct related to race, ethnic or national origin which takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Nationality and national origin are different concepts, perhaps best explained by the fact that one could be of British nationality but one’s national origin is Welsh.

Managing the issues

Employers need to be aware of the potential for tensions amongst the entire workforce and also within single cultural groups, such as tensions between different castes within the Indian population (which some employers may have already experienced) or between different ethnic groups from the Balkan states.

These issues need not be any more of a millstone round employers’ necks than other more wellrecognised problems in this area. However, employers do need to be aware of, and proactively tackle any difficulties that arise immediately if there is evidence of any kind of race discrimination within the workplace.

Employers can improve employee relations and morale with employees by considering the cultural differences and sensitivities between ethnic work groups, and endeavouring to accommodate their varying needs. Consideration will need to be given to language differences, and the meanings of certain words or phrases, that may be considered to be offensive by certain ethnic groups.

In terms of the health and safety of migrant workers, employers should try to reduce risks to employees (which could lead to a variety of claims) by ensuring that the appropriate languages are used for labelling machines and equipment and that essential health & safety information is available in a multi-language format.

Where formal procedures are entered into, such as disciplinary or grievance procedures, employers should consider having an interpreter present to ensure that the employee has a full understanding of the procedure and the outcome. The interpreter may come from within the business or be an external representative.

Discrimination between castes or within specific communities cannot be condoned under any circumstances and if not dealt with, could lead to tribunal claims. Finally employers should consider that diversity training may be required for managers to prevent a “culture clash” occurring in the workplace.

Article contributed by Croner