‘Coloured’ at work: Judge rules it was not racist – but what does this mean from a DEI perspective?

In a recent discrimination case, an employment tribunal judge ruled that using the term 'coloured' in the workplace does not, in itself, automatically amount to discrimination, where it was used with the intention of being polite.

The case was brought by a Black cleaner who worked at Pure Gym’s fitness centre in Derby. The cleaner complained to his manager when another fellow cleaner had left a note stating that “three coloured guys were messing around (i.e. play fighting and not really training)”. While the tribunal judge did recognise that the term does have historical connotations of racism, in this case it was deemed not to have amounted to discrimination as the older cleaner who had written the note was “a particularly naive and timid” individual, who described himself as “being raised in an old-fashioned household”.

The judge stated that "[We found] Ironically, that he [the older cleaner] had chosen this word in the misplaced belief it was more appropriate, albeit he subsequently realised and accepts it could cause offence”. The judge added, “Wrongly, [the older cleaner] now understands, he had been anxious about describing anyone as 'black' as he perceived that could be offensive generally.”

This case raises several interesting points:

1. While the law (the Equality Act 2010) does consider impact as well as intent, in this case, the judge sided with intent – i.e., the motivation of the cleaner and his desire not to cause offense. The fact that this was a one-off instance will have informed the judge’s considerations.
2. The changing nature of language. Language relating to race, gender, sexual orientation and other protected characteristics evolves over time. This case highlights the importance of keeping up to date with what are considered modern and accepted terms, and what is considered outdated and unacceptable language. The BBC Radio 5 Live broadcaster Nicky Campbell was recently reported to have apologised to his co-workers for unwittingly using what many consider to be a homophobic slur (P***ter) during a private work meeting while retelling a story.
3. While the law often focuses on the impact of such language – whether it created an environment that could reasonably be considered hostile, intimidating or offensive – intent and motivation can and should also be considered before concluding that its use constitutes discrimination.

Language hurts

There’s an old saying: “Sticks and stones may break my bones, but words will never hurt me.” Today, we know that this saying overlooks the emotional harm that words can and do inflict on individuals and communities. Throughout history, words and language have been used as weapons of hate. Today, they continue to be used to stigmatise traditionally marginalised groups and create a sense of othering. In her book Excitable Speech: A Politics of the Performative, world-renowned feminist philosopher Judith Butler explores how hate speech operates against different groups. She sets out how words can be used to:

1. Incite real violence against marginalised groups, such as minority ethnic communities, women and members of the LGBTQIA+ community.
2. Create social division through the othering of one group over another. Marginalised groups are often used as part of political power plays.

Words are used to create emotional and social harm. According to the American Psychological Association, the impact of discriminatory words and hate speech on individuals and communities can be profound:

1. Young adults who frequently face discrimination – at least a few times per month – are around 25% more likely to be diagnosed with a mental health disorder. They are also twice as likely to develop severe psychological distress compared with those who have not experienced discrimination or have experienced it less frequently.

2. Hate crimes and hate speech can contribute to a wide range of mental health issues, including increased rates of depression, anxiety, suicidal ideation, post-traumatic stress disorder and substance use. A 2020 study found that experiences of hate are associated with poorer emotional wellbeing, including feelings of anger and shame. Some research also suggests that experiencing hate-motivated behaviour can lead to victim-blaming and reduced empathy towards fellow victims.
3. Entire communities can feel the impact of victimisation. Members of the targeted community may experience vicarious trauma symptoms resulting from witnessing others being victimised.
   

The impact of exclusionary language at work

In the modern workplace, hate speech and discriminatory language can have a serious effect on employees and the wider organisation.

Impact on individuals and wider team relationships

1. Members of marginalised groups – regardless of whether discriminatory language is directed at them – may experience higher levels of emotional stress and anxiety if they feel that their workplace has a culture in which such language is tolerated.
2. Due to fear and a lack of psychological safety, employees may distance themselves from their co-workers, meaning they are less likely to participate in team events, speak up in team meetings or contribute ideas.
3. Ongoing exposure to discriminatory language could result in longer-term stress-related exhaustion, which could impact levels of motivation, engagement and retention of talented individuals.
4. Without the safeguards of a culture that prioritises inclusion, team trust and collaboration could be impacted, resulting in an overall decline in team and organisational productivity and performance, higher employee turnover and, ultimately, damage to the organisation’s brand.
   
   

5 steps to creating a fair, inclusive and discrimination-free workplace

Here are five things that any business should consider when seeking to develop fair, inclusive and discrimination-free environments.

1. Set a clear zero-tolerance standard towards discriminatory language and hate speech. This means defining unacceptable behaviour, including hate speech, discriminatory remarks, slurs, harassment, and online conduct. It also means having clear policies, guidelines and codes of conduct that set out the rules for addressing discriminatory language and hate speech.

2. Educate your teams. As we know, language is constantly evolving. Providing practical training on the negative impact of discriminatory language, including language influenced by unconscious bias and microaggressions, can help employees understand the impact of their words. This education should also cover how to respond appropriately when instances of inappropriate or discriminatory language occur.
   
3. Create safe reporting channels. When instances do happen, it is important that organisations offer safe and confidential reporting options. In order to build trust and confidence in policies and procedures, employees should know how to report instances without fear of retaliation. Addressing harmful behaviour requires monitoring, reporting and accountability mechanisms. This should also be supported by fair and prompt investigation processes.
4. Support affected employees. Support could include providing access to employee assistance programmes (EAPs), counselling, wellbeing resources, and HR support. Research links exposure to discriminatory language and hate speech to stress, anxiety, depression, and trauma symptoms, making support critically important.
5. Monitor workplace culture. Use engagement surveys, focus groups, exit interviews and ERGs to identify concerns early and uncover issues that may not be raised through formal reporting channels. HR colleagues should also have regular check-ins with ERG members, as they can provide valuable insight into how members of their communities feel about current workplace attitudes, behaviours, policies and procedures.
   
   

Let’s work together

For more information on creating psychologically safe and inclusive workplaces, explore our inclusive leadership training. Our evidence-led programme is designed to equip managers and leaders with the confidence and competence to lead with empathy, inclusion and fairness.