This case involved a claim that the complainants were discriminated against on the race ground. The 3 complainants were foreign nationals employed in the catering department of the respondent company. English is the business language of the company and the common language between employees.
In the company's policy document it expressly states that all employees must communicate in English when performing their work related duties but are free to speak in their native language while on official breaks. The complainants argued that the application of the policy is excessive and disproportionate, however the respondents claimed it is necessary for business efficiency, health and safety and inclusion reasons.
The court held that the complainants had made a prima facie case of discrimination under the Act, therefore the court had to determine if the policy was objectively justified. The court found that the requirement for staff to speak a common language was objectively justified in circumstances where a large number of nationalities work together. However, the court highlighted that if the requirement to speak English had been extended to the respondents' breaks then it would be considered oppressive in nature.
https://www.workplacerelations.ie/en/Cases/2017/May/EDA1712.html
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