Under the Equality Act 2010, UK workers are protected from discrimination at work if it relates to one of nine protected characteristics: age, sex, sexual orientation, gender reassignment, marital or civil partnership status, pregnancy and maternity, race, religion or belief, and disability. But what happens if someone is treated differently at work because of the way they speak – specifically, their accent?
The law doesn’t currently recognise accent as a standalone ground for discrimination. Unless a person’s accent is tied to race or ethnic origin, they’re unlikely to be protected under existing equality laws.
When accent discrimination is covered
Two recent cases show how accent discrimination can fall under the umbrella of race discrimination, where the accent is closely tied to ethnic origin.
In Carozzi v University of Hertfordshire, a Brazilian employee complained that remarks about her ‘strong Brazilian accent’ amounted to racial harassment. While the employment tribunal initially dismissed her claim, the Employment Appeal Tribunal disagreed. It found that the remarks could be harassment related to her ethnic origin, even if her colleagues weren’t consciously motivated by race.
This approach was echoed in Machado v Swansea Audio (t/a Coyote Ugly), where a Brazilian bartender was told she shouldn’t use the microphone because customers couldn’t understand her. The tribunal held that this was unlawful racial harassment because the comment was clearly linked to her accent, which itself was linked to her national origin.
These cases make it clear that comments about an accent – even where they relate to communication concerns – can be risky territory. If the accent has a connection to race or nationality, that’s enough for a discrimination or harassment claim to arise.
When accent discrimination isn’t covered
The law becomes far more uncertain when it comes to regional accents. If someone is treated less favourably because they speak with a Scouse, Geordie, Mancunian, Brummie (or any other UK regional) accent, there is no current legal protection under the Equality Act.
In the Machado case, if the bartender’s accent had been Geordie rather than Brazilian, her case would likely have failed. That’s because regional or social origin is not a protected characteristic under current law.
This doesn’t mean employers should ignore the issue. Mockery, exclusion, or subtle bias based on regional accents can still create an unhealthy workplace culture and may give rise to constructive dismissal claims if the employee resigns over it.
There have been calls to expand legal protections, including proposals to add social class or socioeconomic background as a protected characteristic – which could give future coverage to regional accent discrimination. For now, however, the legal gap remains.
Key Takeaways for HR
- Be proactive with communication issues
Work with managers to identify and address any barriers to verbal communication. Where accents may be a factor, particularly those linked to ethnic or national origin, consider alternative communication strategies – for example, supplementing verbal communication with written materials.
- Handle concerns with care
Where there are genuine communication issues, ensure they are raised sensitively and constructively. Comments about someone’s voice or speaking style can easily cross the line into harassment – even if unintended. - Update anti-harassment training
Ensure all staff, especially line managers, are trained to avoid language-based bias and to understand that accent can, in some cases, be legally protected.