Claimant v Aspire Housing and Personal Development
Outcome
Individual claims
The tribunal found that Ms Thompson mocked the claimant's accent repeatedly, laughed at her pronunciation, and told her 'if you want to live in Scotland you have to learn how to speak Scottish'. This unwanted conduct was related to the claimant's North African/Moroccan race and English not being her first language. The conduct violated the claimant's dignity and created a hostile and degrading environment, which was both subjectively perceived by the claimant and objectively reasonable given the circumstances.
The tribunal found that Ms Thompson made repeated racial remarks mocking the claimant's pronunciation and accent. The tribunal found this was less favourable treatment compared to white British colleagues who were not subjected to such comments. The remarks were made because of the claimant's race – she was mocked as a North African/Moroccan woman who did not speak English as a first language. There was no evidence other colleagues were mocked for pronunciation.
The claimant succeeded on three detriments: failure to provide outcome to her grievance (linked to lodging the tribunal claim), and failure to support her during sickness absence (linked to lodging the tribunal claim). The tribunal found lodging the claim had a significant influence on the respondent's failure to provide an outcome and to manage her absence. However, the claimant failed on: failure to provide updates during the grievance (poor management, not linked to protected acts), and breach of confidentiality (due to general lack of confidentiality, not linked to protected acts).
Facts
The claimant, a Moroccan woman for whom English was not her first language, worked as a night shift support worker for a charity housing vulnerable women. Between October and November 2024, her coordinator Ms Thompson repeatedly mocked her accent and pronunciation, told her she could not understand her, and on 28 November stated 'if you want to live in Scotland you have to learn how to speak Scottish'. The claimant raised informal complaints and then a formal grievance in December 2024. Ms Thompson was placed on paid leave and her employment later ended by mutual agreement. The claimant went on sick leave from 1 February 2025 suffering depression and anxiety, but the respondent failed to provide her with an outcome to her grievance or manage her sickness absence, and she remained off work at the hearing in September 2025.
Decision
The tribunal upheld claims of harassment and direct race discrimination based on Ms Thompson's mocking of the claimant's accent and telling her to 'learn how to speak Scottish'. The tribunal also upheld victimisation claims relating to the respondent's failure to provide a grievance outcome and failure to support the claimant during sickness absence, finding these were significantly influenced by the claimant lodging her tribunal claim. The tribunal rejected other discrimination claims including those relating to annual leave allocation, delay in the grievance process, and Ms Thompson's general aggressive communication style. The claimant was awarded £15,000 injury to feelings (lower middle Vento band) plus £1,433.42 interest.
Practical note
Comments mocking an employee's accent and telling them to 'learn the language' if they want to live in the UK can amount to both harassment and direct race discrimination; employers who fail to provide grievance outcomes or manage sickness absence after a tribunal claim is lodged risk successful victimisation claims.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 8000708/2025
- Decision date
- 18 December 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- night shift support worker
Claimant representation
- Represented
- No