Local authority employers - What's in a name?

Mispronouncing someone’s name can have significant implications, as shown by a recent Tribunal ruling, writes Sarah Harnett.

In the recent case of Viveak Taneja, in summary, the Tribunal accepted the evidence of the Claimant, who said his senior colleague misnamed him (called him by the name Vikesh) four times. 

The Claimant had corrected the senior colleague the first few times he had used the wrong name but this had not stopped him. The tribunal noted that the senior colleague who had misnamed him had "acted in a manner which was arrogant and lacked respect towards the Claimant to acknowledge his name, or take any time or effort to correct himself or to recognize his inappropriate behaviour." 

The tribunal felt the misnaming was related to the Claimant’s race as the incorrect name which the senior colleague used was "one which has direct connotation with race". The Tribunal accepted that the Claimant had a genuine sensitivity about his name, as it holds a significant meaning in Hindi, and so found the misnaming to amount to harassment as it was unwanted conduct that had the effect of violating the Claimant’s dignity and creating an atmosphere which was intimidating, hostile, degrading, humiliating and offensive.

The misnaming did not amount to direct discrimination as it was not due to the Claimant's race. Rather, the tribunal felt that the senior colleague's actions "were due to his superior position and his lack of care in dealing with those he considered subordinate." 

Whilst this case does not involve a local authority employer, local authorities usually have a highly diverse workforce, having to comply with both equality law and public sector equality duties. Respecting personal identity, building and maintaining professional relationships and establishing a community trust should be cornerstone values for any local authority employer. 

Bullying and harassment have no place among these values. Local authority employers should have, and consistently apply the following:

• appropriate policies;
• training which is regularly refreshed;
• meaningful dialogues with staff; and
• inclusion and diversity principles embedded in all decision-making.

Doing so should ensure that managers and staff behave appropriately, are aware of the consequences of inappropriate behaviour and provide a legal defence for employers (known as the statutory defence) should the employer take all appropriate steps to prevent harassment in the workplace.

Sarah Harnett is an Associate at Anthony Collins.