Accentism – the Latest Workplace Discrimination Issue?

Employers currently have a duty to protect workers from harassment and victimisation that is based on gender, sexual orientation, religion, race or age. Now there is a suggestion that accents should be added to that list.

A study by the University of Manchester found that many people feel pressured to change their speech patterns while at work. Dr Alex Baratta, who conducted the study with students said, “Clearly, most people modify their accent not because they lack pride in it, quite the opposite in fact. It's actually because they fear the negative perceptions others might have of them if they don't.”

High Profile Examples

This is borne out by the example of a teacher interviewed for the research who revealed that he had been told by an Ofsted inspector to sound more southern while working in a school in Berkshire. Steph McGovern is a business journalist working for the BBC. She also has a northern accent and has said that colleagues treated her as "too common for telly" because of her accent. She wrote in the Radio Times that she didn’t get promoted because of the way she spoke.

Why it Matters

While some people can change the way they speak quite happily, for others it can cause distress. Dr Baratta said that while playing down their regional accents is a common practice, “we should not assume that it is accepted by all speakers without issue. As part of my ongoing research, many participants see accent modification as synonymous with selling out and a clear threat to their sense of self.” You can read more about Dr Baratta’s research on his specially set up website here.

Other academics have pointed out that dialect helps people to feel they belong in their communities. It is becoming more popular rather than less. Dr Baratta insists that "Any form of discrimination, including accentism, shouldn't be tolerated in an inclusive society."

In anticipation of any change in the law, you and your team could take care that the accents of interviewees are not considered while recruiting, and that all staff are aware that accentism will not be tolerated. Your local bookkeepers could also be keeping an eye on this area and may volunteer information on developments as they arise to ensure you stay up to date.

An Employer’s Guide to Brexit

Following the Brexit referendum there is some disquiet and anxiety in the working world of the UK. Some employees from EU countries are worried about whether they will be able to remain in their jobs here and some even feel unwelcome. The wave of hate crime in the streets has reinforced that feeling.

What Employers Can Do

Of course it could easily translate into the workplace. Employers need to be on the lookout for any harassment or unfair treatment as they have a duty to protect their staff members from it in compliance with discrimination legislation. It’s worth considering whether your employees need a reminder of your policies to keep to these rules.

If you have recruited from across the EU to fill job needs that couldn’t be filled locally, you may be concerned about the future too. Now is the time to start thinking about how you can manage without them by attracting more local people, perhaps by setting up apprenticeships and training schemes. Always remember, though, that you may not currently discriminate on the basis of nationality when recruiting new personnel.

Meanwhile you might look at ways to help your EU staff protect their status. If they have been here for over five years, they may be eligible to apply for naturalisation, and become a British national, or try for indefinite leave to remain. All the relevant information and documentation is available on the Immigration Direct website.

What Might or Might not Change

Any changes will not happen overnight. Those that might change include the ones introduced by recent EU case law, since the European Court of Justice will not have any power in the UK once we leave the EU. Currently these are the calculation of holiday pay to include the elements of overtime and commission, and accruing holiday pay while on sick leave. The 48 hour limit on the working week is an EU Directive that has not proved popular in the UK, as are the relatively new Agency Worker Regulations, so it’s also possible that they may be changed in time.

Employees may be happy to note that no changes are expected to holiday entitlement, since the UK currently allows 5.6 weeks per year, while the European entitlement is only 4 weeks. Family friendly rights and flexible working is another popular element of employment law that is unlikely to change. The Equality Act 2010 is expected to remain intact as well.

Communicating with your Personnel

You should, of course, reassure staff that there will be no immediate changes. Devising a way of updating them as new information becomes available will be crucial. However you do it, you should never include speculation or opinion, especially political. You do need to act immediately whenever some new development hits the news and social media.

The fastest way will be available to a business with an intranet which can have a page devoted to these developments. Notice boards can set them out as well, or you could have regular meetings. Your local bookkeepers may be able to suggest various other ways of cascading the information swiftly through the organisation.

Holiday Pay Must Include Results Based Commission Says New Ruling

While the business community awaits the results of the Brexit deliberations of the UK government, of course, EU Law continues to influence the rulings of UK judges. A recent judgement in the Court of Appeal could have serious implications for any business that has employees on commission schemes.

A Claim for Wrongly Calculated Holiday Pay

A sales person employed by British Gas had claimed that his holiday pay had been wrongly calculated because it did not include an amount for commission that he would have earned if he had worked during the period of his holiday. Normally his commission represented about 60% of his income so the holiday pay was considerably short of his normal take home pay.

The case had earlier gone to the European Court of Justice which had rejected the claim by British Gas that his holiday pay was comparable to his normal earnings. The court reached this conclusion even though the commission scheme document was separate and not included in the employee’s contract of employment. EU case law requires holiday pay to include “all elements of normal pay”. 

When the employer took the case to the Court of Appeal, their lordships considered whether the UK Working Time Regulations 1998 should take account of this EU case law, and concluded that it should. The worker’s results-based commission was an element of his normal pay and should therefore be included in his holiday pay calculation.

The Financial Implications

Unless this ruling can be overturned, most of the British Gas 1000 plus sales staff could bring similar claims, resulting in a serious number of back payments from the company. Future holiday pay calculations will have to be correctly made to include amounts for normal commission even though they cannot be earned while their recipients are not working.

Small businesses are not exempt from this ruling and all organisations operating commission schemes should take note. However it doesn’t apply to other incentive schemes such as discretionary bonuses based on a high level of the performance of teams or on individual achievement. It could be worth discussing the matter with your local bookkeepers to ensure that you reward your employees in ways that are appropriate and will not adversely affect your bottom line.