Language

Some BAME (and white) workers could face problems getting employed or promoted if their first language is not English. This may or may not be justified by the needs of the job. The EHRC code warns employers that they might be indirectly discriminating on race grounds if they stipulate the need for excellent English language skills if this is not “objectively justifiable” for the job.

The Immigration Act 2016 requires public authorities to ensure anyone working for them in a “customer-facing” role speaks “fluent English”. A role is “customer facing” if a regular and intrinsic part of the role requires speaking to members of the public in English (or Welsh in Wales). “Fluent” is defined as having a sufficient command of spoken English to effectively perform the role.

The EHRC suggests that, to avoid disadvantaging certain groups because of limited English, employers could consider taking “proportionate positive action measures” to improve their communication skills. These measures might include providing:

• interpreting and translation facilities; for example, multilingual safety signs and notices, to make sure the workers in question understand health and safety requirements; and/or

• English language classes to improve communication skills.