{"id":766,"date":"2021-02-23T15:00:45","date_gmt":"2021-02-23T14:00:45","guid":{"rendered":"http:\/\/www.centrepeople.com\/jp\/article\/?p=766"},"modified":"2025-02-06T16:45:14","modified_gmt":"2025-02-06T15:45:14","slug":"feb-2021eng","status":"publish","type":"post","link":"https:\/\/www.centrepeople.com\/jp\/article\/feb-2021eng\/","title":{"rendered":"Feb 2021 – Accent discrimination, \u201ccodeswitching\u201d and the Equality Act"},"content":{"rendered":"\n

A recent French law has banned discrimination against\nsomeone because of their regional accent. This article looks at the UK\u2019s legal\nposition in relation to accent discrimination and considers the related issue\nof \u201ccodeswitching\u201d and its potential negative impacts.<\/em><\/p>\n\n\n\n

The new French law adds glottophobie (the French word for\naccent discrimination) to the list of grounds of discrimination, alongside\nracism, sexism, disability and so on. The maximum penalty for flouting this law\nis three years’ imprisonment and a fine of \u20ac45,000.<\/p>\n\n\n\n

The legislation was hotly debated in the Assembl\u00e9e Nationale before being approved by 98 votes to three. Those who spoke in favour included Patricia Miralles, a daughter of North African parents, who spoke of the “mockery” she encountered because of her Algerian accent, and Maina Sage, deputy for French Polynesia, who recounted the difficulties of having an accent from outside of mainland France. Justice Minister \u00c9ric Dupond-Moretti commented that he was \u201csuper-convinced\u201d of the necessity of the law.<\/p>\n\n\n\n

\n\n\n\n

What\u2019s the position on accent discrimination in the\nUK?<\/em><\/strong><\/p>\n\n\n\n

The Equality Act 2010 does contain some protection in this\narea. Race is a protected characteristic which includes nationality and ethnic\nor national origins, so it may be unlawful to discriminate against a person on\ngrounds of their foreign accent – for example, a heavy French or Australian or\nJapanese accent. This protection would apply to those with accents from\ndifferent parts of the UK, so it is unlawful to discriminate against someone\nbecause of their Welsh, Scottish or Northern Irish accent.<\/p>\n\n\n\n

But does the law extend any further than this? Could, for example, a Liverpudlian claim discrimination if they missed out on a job because of their scouse accent? The answer is probably not, because no issue of nationality or national origins arises. A scouse accent is an English accent and, provided that the employer doesn\u2019t discriminate against all English accents, there likely be no claim for direct discrimination. <\/p>\n\n\n\n

\n\n\n\n

To what extent is accent discrimination an issue in\nthe UK?<\/em><\/strong><\/p>\n\n\n\n

There is not much research on this issue, but a report by\nQueen Mary University of London on accent bias in Britain published last year\nfound that it could impact each stage of the employee lifecycle.<\/p>\n\n\n\n

The researchers carried out a study of hiring preferences\nusing different accents. They found that those who spoke with classic Received\nPronunciation (RP) (the accent traditionally regarded as the \u201cstandard\u201d for\nBritish English) were likely to be more respected than people with urban\nworking class or ethnic minority accents. In effect, the study concluded that\nnothing has changed on this point over the past 50 years.<\/p>\n\n\n\n

The study also found that accent stereotypes affected how\nothers perceived an individual\u2019s job performance. Once again (although to a\nlesser extent), those with RP were regarded as the most competent.<\/p>\n\n\n\n

Accent discrimination is closely related to discrimination\nbased on social class. The Trades Union Congress has for some time been pushing\nfor socio-economic status to become a protected characteristic. This policy was\nalso featured in the Labour Party\u2019s 2019 general election manifesto.<\/p>\n\n\n\n

These issues are likely to remain prominent in the political\ndiscourse concerning future policy on workplace equality. The women and\nequalities minister, Liz Truss, recently gave a speech that clearly referenced\nboth accent discrimination and the need to improve social mobility.<\/p>\n\n\n\n

Although not unlawful, declining someone a job because of their scouse, Brummie, Yorkshire or other accent is arguably just as unfair and illogical as other types of discrimination. It could mean missing out on valuable talent because of something that has no relation to the candidate\u2019s abilities or potential.<\/p>\n\n\n\n

\n\n\n\n

What is codeswitching?<\/em><\/strong><\/p>\n\n\n\n

The term \u201ccodeswitching\u201d was first used to refer to\nmultilingual people changing between different languages, but it has developed\nover time and taken on a new meaning. According to the Harvard Business Review\nin 2019, codeswitching has become a term used to describe the practice of\nchanging one\u2019s style of speech, appearance, behaviour and expression in ways\nthat will increase the comfort of others, in exchange for fair treatment,\nquality service or employment opportunities.<\/p>\n\n\n\n

To some degree, we all engage in this conduct, depending on\nthe professional or social context. Codeswitching is, however, mainly used by\nmarginalised groups and can have negative consequences when it occurs in the\nworkplace.<\/p>\n\n\n\n

This is a complex and nuanced topic, especially for minority\nethnic groups. Codeswitching has been described as a \u201csurvival technique\u201d,\nallowing minority groups to navigate a predominantly white culture. Individuals\nmay also codeswitch on account of social class. For example, an employee with a\nstrong regional accent may alter the way they speak because they perceive that\nspeaking in \u201cthe Queen\u2019s English\u201d will avoid prejudice and afford them more\nrespect and privilege in the business.<\/p>\n\n\n\n

Some might consider that codeswitching can bring benefits\nfor the individual, but that does not mean it is a positive thing. While\nstudies have shown that black people who codeswitch are perceived as more\n\u201cprofessional\u201d, such behaviours can place a mental toll on individuals who feel\nthat they cannot bring their \u201ctrue selves\u201d to work. <\/p>\n\n\n\n

Instead, they need to change the way they behave, speak and\nact to fit in with the dominant culture. This constant need to adjust\nthemselves in turn negatively impacts their performance, relationships with\ncolleagues and levels of engagement.<\/p>\n\n\n\n

Codeswitching can therefore also have negative impacts for employing organisations. Employees who are suffering from burnout caused by codeswitching are less likely to remain with an organisation, resulting in a higher employee turnover. Even while remaining with the business, they are likely to feel generally disengaged, demotivated, and are less able to perform to a high standard.<\/p>\n\n\n\n

\n\n\n\n

How can employers counteract the negative effects of\ncodeswitching in the workplace?<\/em><\/strong><\/p>\n\n\n\n

The issues here are complex, but there are measures\nemployers can take to encourage individuals to \u201cbe themselves\u201d at work. One of\nthe most important things employers can do is to evaluate the environment and\nculture of their workplaces, considering steps such as:<\/p>\n\n\n\n

\u2022             Hiring\nand promoting individuals from diverse backgrounds in order to tackle\nunderrepresentation at all levels of the business. Ensuring that people from\ndifferent ethnic groups and a variety of socioeconomic backgrounds are represented\nand visible throughout all levels of your organisation will mean that\nindividuals\u2019 differences are not so notable.<\/p>\n\n\n\n

\u2022             Developing\na culture in which minority ethnic groups are truly included and made to feel\nvisible. Even if you manage to tackle underrepresentation, it is important that\npeople sense that they are accepted within the organisation.<\/p>\n\n\n\n

\u2022             Reflecting\non the messages you are sending to people about \u201ccultural fit\u201d. Consider what\nchanges may be needed to encourage people to be themselves at work, in the\nknowledge they will not be penalised for doing so.<\/p>\n\n\n\n

\u2022             Providing\ndiversity training for everyone in the organisation, particularly for managers\nand those who sit on interview panels and are involved in hiring and promotion\nprocesses.<\/p>\n\n\n\n

\u2022             Organising unconscious bias training for all staff. Our own biases can often inadvertently encourage and contribute to codeswitching behaviours.<\/p>\n\n\n\n

\n\n\n\n

If you have any specific questions you would like advice on, then please contact: Abi.Frederick@lewissilkin.com<\/a> or koichiro.nakada@lewissilkin.com<\/a> of Lewis Silkin LLP.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

A recent French law has banned discrimin…<\/p>\n","protected":false},"author":2,"featured_media":3316,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[14],"tags":[146,147,328,329,85],"jetpack_featured_media_url":"https:\/\/www.centrepeople.com\/jp\/article\/wp-content\/uploads\/2021\/02\/202102-legal.jpg","_links":{"self":[{"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/posts\/766"}],"collection":[{"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/comments?post=766"}],"version-history":[{"count":8,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/posts\/766\/revisions"}],"predecessor-version":[{"id":3847,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/posts\/766\/revisions\/3847"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/media\/3316"}],"wp:attachment":[{"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/media?parent=766"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/categories?post=766"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.centrepeople.com\/jp\/article\/wp-json\/wp\/v2\/tags?post=766"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}