Arts and crafts
chain Hobbycraft have been reported to have told employees that they must speak
English on the premises during working hours or they could be subject to
disciplinary procedures.
Staff were told that it was the chain’s
policy that only English should be used and if they were caught breaching the
rules there would be sanctions. A representative from Hobbycraft said: 'Having the ability to speak English is part
of the recruitment criteria in our distribution centre. Therefore, we do ask
that during working hours in the warehouse colleagues speak English. This is to
create a good working environment where all colleagues can communicate
effectively’
The firm claims
employees speaking in their native tongues produces difficulties in the workplace;
this has been refuted by employees.
Legally Hobbycraft are on shaky ground and
they could be found to be indirectly discriminatory which could lead to
compensation claims. In order to be able to defend any such claims Hobbycraft
would have to show it is objectively justified as a proportionate means of achieving
a legitimate aim. The would need to show good business reasons for the measures
and the circumstances in the workplace.
The fact that the measures only take place during ‘working
hours’ as opposed to a blanket ‘premises ban’ may assist Hobbycraft. In
addition if they could show staff morale was affected resulting in high
turnover and that staff were not communicating effectively as a team causing
this could go towards showing the measures are justified. In addition complaints
from customers or issues with customer service could also be a consideration.
Elissa Thursfield
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