People connect through language. We share our thoughts, beliefs and opinions with our words, and build meaningful connections this way. Often, we may be challenged on our words, as what we say is not always what we mean (and vice versa).
How we use our words at work can impact our jobs much more than we may realise. What may seem like innocent, necessary, or humorous conversation to you (or even just an opinion you hold) can be offensive to someone else. It’s crucial that employees and employers remember that a few words can go a long way – in fact, they could take you all the way to tribunal.
In this blog post, we’re going to share a couple examples of when language has been used incorrectly in a workplace, and how this has affected employees involved.
Example 1 – Grow up
In a recent case that ended in tribunal, a casino employee took her employer to tribunal over what she claimed was ‘age discrimination’.
The employee was a waitress employed at the Hippodrome Casino in Leicester Square, London, and had been in an argument with a younger waitress. Due to the argument, she was told to “grow up” by her supervisor, and that she should behave “in a more grown-up manner” and “should not expect youngsters to do the work”.
This of course upset the waitress, so she decided to take her employer to tribunal. However, during the tribunal the employment judge did not find the language used to be unfavourable treatment on the grounds of her age. Instead, he ruled that it was in fact an indication that the supervisor felt the employee was simply behaving immaturely at the time. Judge Goodman said: “It is commonplace to condemn as childish, quarrelsome and impulsive behaviour, which is characteristic of children, but which adults are expected to have overcome, and to refer to responsible actions and attitudes as ‘grown up’.”
In this case, the claim was not successful and was instead labelled as language used as a response to immature behaviour, rather than to pass comment on her biological age. This is a great example of how employment tribunals will always consider the context of what was said when they decide if discrimination was present. However, it’s still crucial that employees offer training on use of language in the workplace in order to avoid situations like this.
Example 2 – Christmas party suggestions
This case is another example of an age discrimination claim in which an employee took her employer to tribunal over language used at work.
After being told by her younger colleagues that they wanted to go out clubbing for their Christmas party, a 45 year old HR adviser found herself in a disagreement. She wanted a more family-friendly celebration that would be suitable for all ages, while the younger employees did not.
She claimed that the younger employees were “negative and derisive” when she made her Christmas party celebration suggestion and that she was treated unfavourably by them due to her age. While at tribunal, she stated that she had suffered a ‘detriment’ as a result of this situation, however, Judge Robin Lewis disagreed. He said that she had not suffered any detriment and that her colleagues were just disagreeing with her suggestions.
It was decided by the senior management team that the workplace party would be held at a restaurant, and that clubbing would not be included, despite the suggestion from the young colleagues. The judge also mentioned that the employee’s own comments and behaviour may have contributed towards the breakdown of the relationship between her and her younger employees, which is certainly something that should be considered in cases like these.
Judge Lewis said: “Staff were asked to make a suggestion. Her suggestion was supported by no one except her. That may have been on grounds of age; it may also have been a legitimate exercise of choice by colleagues who by a large majority outnumbered her. In the event, neither view prevailed. I do not accept that a simple act of disagreement constitutes a detriment.”
This case’s claim was unsuccessful, however it is another clear example of how language can be seen as exclusive and discriminatory, even though that may not have been the original intention, and that someone can be affected by this. We would always suggest that employers think carefully about Christmas celebrations to ensure they’re as inclusive as possible, as every employee deserves to be considered and included. If an employee were to feel excluded, their morale can be damaged and the relationship between employer and employee can become fractured.
Choosing the right words with Expert HR Solutions
Here at Expert HR Solutions, we understand the power of language. With training and guidance, businesses can host discussions and manage situations while avoiding making offence through their words.
If you’d like to talk to us about how we can help you with your choice of words, or if you’d simply like advice on any other HR related issues, give us a call on 01202 611033.
