The Voice of Spalding and South Holland
A jobless mum who has been searching for work for three years was told by a Spalding shop that she could not work there as she does not speak Polish.
Spalding Market in Westlode Street has a job vacancy advert in its window, printed in English and Polish.
Town resident Tina Benton (53), who says she has worked for Heron Foods, Aldi and Poundstretcher, claims she felt discriminated against on Monday when she was told she needed to be able to speak Polish to be considered.
She said: “I was told ‘we deal with Polish people’. I said ‘I think you deal with English as well’.
‘I just think it’s wrong. I have the experience; the only thing I don’t have is the language.
“They’re quick enough to take money off English people but they won’t employ them.”
A spokesman for the shop told The Voice that staff members speak Polish, Lithuanian and/or Russian.
He said Polish was required to understand the products and stock sheets.
Mary Walker, an employment law expert with Andrew Jackson Solicitors, said it could amount to direct and indirect discrimination.
She said: “At first glance an advertisement that restricts applicants on the basis of their nationality or language could be unlawful. This is because it would be likely to make individuals of other nationalities suffer a detriment. It could amount to direct and indirect discrimination.
“The Equality Act 2010 sets out an exception that employers might rely on when facing discrimination claims. The exception is where there is an occupational requirement for the criteria. It apply to claims concerning recruitment, access to promotion, transfer or training and dismissal.
“The need for an employee to speak a particular language has to be proportionate and reasonable. That comes down to the facts. What does the shop sell, could it be dangerous to sell the wrong thing? Are other fluent speakers there to help? Could technology be used to help communication? Does the new recruit have to re-stock or re-order items in polish?
“All those factors would be taken into consideration on whether the requirement is unlawful or not.”
