This case involved a claim that the complainant had been discriminated against based on her race and nationality, being a Polish national. The complainant had been instructed by her supervisor to speak English when working with colleagues of varying nationalities. The supervisor also explained that it was permissible for colleagues to speak their native language to one another while working if the native language of all colleagues working on a line simultaneously is the same; otherwise, the common language which should be used is English. She took this up with her manager who confirmed the position and explained that this policy was to ensure nobody was excluded at work. They also explained that employees were free to speak their native language while on work breaks.

The complainant claimed that there was no business reason to justify the policy and therefore this amounted to discrimination on grounds of race and nationality. The respondent alleged that the guidelines were objectively justified and they had been communicated regularly to employees.

The Court stated that in order to succeed with their claim the complainant must prove that Polish nationals were discriminated vis-a-vis native English speakers but that "...the ingredients of the claim were not, by any means clearly or fully articulated by her representative." The Court held that the complainant had failed on the facts to raise such a presumption, therefore, the claim failed.
http://www.workplacerelations.ie/en/Cases/2017/November/EDA1731.html