Claimant v Nuclear Restoration Services Limited
Outcome
Individual claims
The tribunal found that Ms Wood's instruction that the Claimant could not speak Swahili at work on 9 and 13 August 2023 was direct race discrimination. The instruction was based on complaints from others and Ms Wood's view that speaking Swahili was disruptive, which was a racist view.
The tribunal upheld the claim of indirect discrimination in relation to being told that he could not speak Swahili at work. The policy or practice of requiring only English to be spoken had a disproportionate impact on the Claimant because of his race and could not be justified.
The tribunal initially upheld harassment relating to the Swahili instruction but noted that direct discrimination and harassment are mutually exclusive. The tribunal chose not to compensate harassment separately, finding the same result would occur either way, and proceeded on the basis of direct discrimination for this allegation.
The tribunal found that the performance management process commenced on 30 August 2023 and continuing to 27 September 2023 was direct race discrimination. It was initiated on grounds of the Claimant's behaviour, which was based on Ms Wood's racist view that speaking Swahili was disruptive. The process later evolved to include legitimate capability issues in September 2023.
Facts
The Claimant, an employee from Tanzania who spoke Swahili, was told by his manager Ms Wood on 9 and 13 August 2023 that he could only speak English at work. He stopped speaking Swahili to his family during lunch breaks and was deeply upset and humiliated. Ms Wood then initiated a performance management process on 30 August 2023 based on the Claimant's behaviour, which the tribunal found was rooted in her racist view that speaking Swahili was disruptive. The Claimant raised a grievance in January 2024 which was not upheld. He was eventually dismissed for failing his probationary period due to capability issues unrelated to race, but suffered significant distress requiring medical intervention.
Decision
The tribunal upheld claims of direct race discrimination, indirect race discrimination, and harassment relating to the instruction not to speak Swahili, and direct race discrimination relating to the performance management process between 30 August and 27 September 2023. The tribunal awarded £9,000 for injury to feelings (lower Vento band) plus £1,875.94 interest, totalling £10,875.94, recognizing the substantial impact on the Claimant including the need for medical intervention and effects on his family life.
Practical note
Instructing an employee not to speak their native language at work, even during breaks, constitutes race discrimination and can lead to substantial injury to feelings awards even where the discriminatory acts are relatively short-lived but cause significant psychological harm.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 8001111/2024
- Decision date
- 25 November 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No