18.09.2008

Claim That Lack of English is a Disability is Dismissed by Judge

In a follow-up to an earlier update, Poor English Leads to Disability Discrimination Claim (07.08.2008), Polish cleaner Izabela Smolarek has had her claim that her lack of English should be classed as a disability dismissed.

She claimed cleaning firm ISS Facility Services Ltd exploited her inability to understand her job contract by paying her less than the minimum wage for cleaning rooms at a Travelodge in Luton, Beds.

Miss Smolarek had agreed to be paid £1.24 for each hotel room she cleaned, but said it was impossible to clean the three rooms an hour necessary to earn the £5.52 national minimum wage. In her claim statement, she said:-

"Not speaking and not understanding the language is a disability. It's like being deaf and mute and illiterate."

Her representative, Thomas Klarecki, told the hearing:-

"The law says you do not have to discuss the reasons for a disability, just the effects of the disability."

However, Judge Valentine Adamson dismissed the claim at the hearing in Bedford saying:-

"In the absence of any identifiable impairment, the only point being that the claimant was born in Poland and not a country where English is the first language, I find the claimant's language difficulties are not capable of being classed as an impairment within the meaning of the Disability Discrimination Act."

Miss Smolarek continues to claim she was unfairly dismissed by the London-based cleaning firm and another pre-hearing review has been scheduled for January 12.

A spokesman for ISS said the company denied the allegations but would not comment further.