Happy Monday all, I hope you had a nice weekend. It’s been a bit warm, hasn’t it?! I was actually in Greece the week before last, so really, I should have already felt slightly adjusted to the heat, albeit it isn’t quite the same without the sea to cool off, and an aircon-ed bedroom! Greece was lovely, we had a very chilled, child free, week, mostly spent at the beach (which is actually unheard of for me to be able to get my husband to go to the beach most days, as he usually prefers the pool!). But I just love the sea. I think I was born in the wrong place because I love nothing more than swimming in the sea. We did see a couple of jellyfish which freaked me out a bit, but we got out unscathed!
The reason for our trip was to go to watch our friends get married, which was so lovely. They got married on a jetty over the sea on a gorgeous beach, and then we hopped on a boat across to another bay for the wedding reception which was beneath the trees with fairy lights and amazing food, it was perfect.
And then this weekend we just pottered about, gardening mostly, which, I might be getting old, but I really enjoyed doing. I also re-potted some of my house plants, and I’m really hoping I didn’t kill them in the process as I’m actually doing quite well keeping them alive so far. Which, if you ask my dad or husband, is a great feat for me, as the running joke is that I am a plant murder. I’m hoping I’ve turned a corner!
And then on Wednesday this week, I’m going to see another pop princess with my mum (in case you missed it, I went to see Kylie a few weeks back with her), Dua Lipa! I can’t wait.
Anyway, enough of my updates, and onto what you’re here for, which is a recent case about a female employee who took her employer, Cranswick Foods Ltd to the Employment Tribunal after a male manager repeatedly used the phrase “lads” when referring to a group of negotiators.
She also brought claims for sex and disability discrimination, victimisation and unfair dismissal. She was found to have been unfairly dismissed, and that the employer had victimised and discriminated against her because of her disabilities.
What I wanted to focus on for this blog though was the finding from the Tribunal about the “lads” comment. All too often we find ourselves using gendered terms without even thinking. Off the top of my head, common phrases such as “guys”, “manpower”, “girls”, or even “manning the desk”, could fall under gendered language.
In this case, as I said, the Claimant’s allegation centred on her manager’s use of the word, “lads”. In one such instance he said, “Is she replying straight away, lads, lads, not good enough, go again?”, which the Claimant found, “insulting, rude and derogatory”. The manager’s defence was that he was using the language conversationally and would often interchange “lads” with “team” or “squad”. The Tribunal disagreed, it ruled that “lads” was a gender specific word that implied the negotiators were male and that by using this in the context which he did, it implied that the female was not being tough enough in the role she was carrying out. It also found that his recollection of the event was “uncertain”, whilst the Claimant was clear, consistent and reliable.
However, despite this, the tribunal ultimately dismissed the specific claim for sex harassment regarding this comment. They noted that although it was “thoughtless” and “patronising” of the line manager, it did not actually go as far to violating her dignity or creating a hostile, degrading or humiliating atmosphere. Remember that is part of the test for harassment: was the conduct unwanted and did it have the purpose or effect of violating the complainant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Here, it was found that the Claimant did not actually perceive it as harassing, and the Tribunal held that it would not have been reasonable for her to have done so in these circumstances.
So, whilst the “lads” comment in this case didn’t end up meeting the threshold for harassment, it was close, and this case still acts as a reminder to us that gendered language is not something that should be used in the workplace anymore, as it can cause more harm than good. Gendered language can alienate employees and that is something that often goes unnoticed.
To avoid any potential claims or disgruntled employees, think about using more gender-neutral language, terms like, “team”, “everyone”, or “folks”, which will help avoid any unintended bias. Train your managers to do the same and highlight to them how everyday phrases may be perceived differently to what they intend. Language can set the tone for inclusion, and using gender neutral terms can be a massive part of that.
But it’s not just down to managers, think about what you as the employer or HR can do:
- Review your job adverts, internal emails/ comms and policies for any gender specific language;
- Provide training to your managers on communication and inclusion;
- Set the tone from the top down – think about the language you are using;
- Take appropriate action when you spot gendered language being used – this doesn’t necessarily mean rushing straight to a formal disciplinary but think about whether this can be tackled informally at first before escalating; and
- Allow employees to question language use and take them seriously when they raise a complaint.
And of course, if you need any help or have any specific questions, you know where we are! Team Precept can help in all sorts of ways on this one. We can train your managers, review your policies or help with disciplinary procedures where needed. Give us a call on 01332 866610 or email us at enquiries@precepthr.com.
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