The Employment Tribunal has awarded more than £10,000 in compensation to a Tanzanian worker who was told by his employer that he was not allowed to speak Swahili while at work, a situation the tribunal found to be race discrimination at work.

The tribunal found that the instruction amounted to race discrimination and caused significant distress, affecting both the claimant’s working life and his family life.

The claimant, Mr K Ruiza, brought claims against Nuclear Restoration Services Limited.

Background to the Claim

The tribunal heard that on 9 August 2023, a manager, Ms Wood, told Mr Ruiza that he should only speak English at work. The instruction was repeated in an email on 13 August 2023.

Impact on the Claimant

As a result, Mr Ruiza stopped speaking to his family in Tanzania during his lunch breaks. He told the tribunal that he felt humiliated and fearful of losing his job, and that he believed colleagues were watching and reporting on him when he spoke Swahili.

Employer’s Justification and Tribunal’s Findings

The employer said the instruction followed complaints from others, including security staff, and raised concerns about disruption and safety. The tribunal rejected those explanations, describing them as weak and damaging to the credibility of the manager involved.

The tribunal found that the language restriction was not a one-off incident. It was repeated, not properly reconsidered, and later withdrawn only partially, without a clear apology or acknowledgment that it had been discriminatory. By that stage, the tribunal said, the damage had already been done.

Performance Management and Dismissal

Shortly afterwards, Mr Ruiza was placed under performance management. The tribunal found that the process initially stemmed from a discriminatory view that speaking Swahili was disruptive. Although it later evolved into a legitimate capability process, the earlier stage amounted to direct race discrimination.

Mr Ruiza said the situation caused stress, disrupted his family life, and led him to become angry at home. He visited his GP in December 2023, received a sick certificate, and was prescribed sleeping tablets and antidepressants, which he took for several weeks. He did not take time off work because he feared dismissal.

In January 2024, Mr Ruiza raised a grievance about being told not to speak Swahili. The grievance was not upheld. The tribunal found this left him feeling unsupported by his employer and intensified his sense of humiliation.

Mr Ruiza was later dismissed after failing his probationary period. The tribunal accepted that the dismissal was for capability reasons and was not racially motivated.

Compensation Award

In assessing compensation, the tribunal placed the case in the lower Vento band for injury to feelings but towards the upper end of that range. It awarded £9,000 for injury to feelings, plus £1,875 in interest, making a total award of £10,875.

Case details

Case: Ruiza v Nuclear Restoration Services Limited
Tribunal: Employment Tribunal (Scotland), Glasgow
Case number: 8001111/2024
Hearing date: 17 November 2025
Judge: Employment Judge S Cowen

What This Case Means for Employers

This case highlights the significant legal risks for employers when imposing restrictions on language use in the workplace. Any rule or instruction that affects employees from a particular ethnic or national background can amount to discrimination if it is not justified, proportionate or carefully handled. Employers should ensure that policies, management instructions and performance processes are applied fairly, consistently and without assumptions about an employee’s background. If you would like advice on managing workplace policies, discrimination risks or handling employee concerns, please visit our Employment Law Services page or contact our team for expert guidance.

About the Author

David is a solicitor-advocate with higher rights of audience since 2014. He qualified as a solicitor in 2013 and joined Machins in 2019 after over a decade at BT and two years at a City law firm. David advises on all aspects of employment law and has represented clients in more than 150 tribunal hearings.

David Rushmere - Machins Solicitors

Disclaimer: General Information Provided Only.

Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice.

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