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A notice posted two weeks ago at a branch of the fast-food giant in Manchester said that staff could face disciplinary action if they failed to observe the rule which, the sign claimed, was company policy.
The notice states: “Due to the common language within the store, all staff members must use English at all times. This is in accordance to HQ.”
The staff, who have asked not to be named, said in a statement that their attempts to raise the issue with managers had failed. “We feel very bitter about this action. We see this as obvious racism,” they said.
Qassim Afzal, a member of the Liberal Democrats’ federal executive in Manchester and an equality campaigner, took up the employees’ concerns.
“At first I thought it was a joke. I could not comprehend how a global organisation with such a diverse staff in one of the most multicultural cities in the country could conceive of such a notice,” Mr Afzal said.
He added that the staff, who speak English as their first language but also have a common language that they use among family and friends, were upset because they felt that they were being deprived of a natural way of expressing themselves.
The McDonald’s branch in the Orient Food Hall of the Trafford Centre shopping complex employs 70 staff, a third of whom are from ethnic minority backgrounds. Mr Afzal said that many customers came from similar backgrounds to the staff. “This is a heavy-handed measure that takes no account of individual staff or customers’ desire to speak in other languages. If a French person orders in their native tongue, are we saying that a staff member that can speak French should not use their language skills?”
Employment lawyers said that the notice could be in breach of race and human rights laws. Robert Eldridge, head of employment at the solicitors Berwin, Leighton Paisner, said: “Under the Race Relations Act the concept of indirect discrimination applies where a seemingly neutral process that should, in theory, apply to all people has a more detrimental impact on one individual or group because of their race.”
Ronnie Fox, a senior partner and employment specialist at Fox Williams, a City law firm, said that the notice appeared also to raise human rights and privacy issues. “Telling people what language to use when they are speaking between themselves raises potential discrimination issues.
“It doesn’t make good commercial sense either, as customers might find it helpful to have staff that speak more than one language,” he said.
The Campaign for Racial Equality confirmed that its legal experts were examining the case.
McDonald’s said in a statement that the poster, which has now been taken down, was written and displayed by a junior manager and that the wording was unapproved. The company insisted that “to ensure consistency” there was a need for a common language in its outlets. “As a result, staff are encouraged to speak English when working and when liaising with customers. Outside of these times, such as in the staffroom and on breaks, we of course respect their right to converse in whichever language they choose.”
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