A Manager wishes to issue the following memo to all staff;
It has been decided that, in all disciplinary meetings all communications must be in English. It will not be permitted for anyone to communicate in any other language. This will ensure that everyone present knows what is being discussed.
Is there any way in which this can be justified without breaching race discrimination law?Posted in : First Tuesday Q&A NI on 5 February 2013
While we are unaware of the background leading you to consider issuing this memo, you are likely to struggle justifying its position, particularly as, we assume, you have employees who are not fluent in English.
A core principle of carrying out a fair disciplinary procedure is for employees to understand the allegations against them and to be given an opportunity to state their case before a decision is reached. Indeed, this is enshrined in the statutory dismissal and disciplinary procedures. The Labour Relations Agency’s Code of Practice on Disciplinary and Grievance Procedures also confirms
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.