A Call For Legal Recognition l Blog

30 January 2025by Naomi Cramer
A Call For Legal Recognition l Blog


A leading KC has advocated for regional accents and social deprivation to be recognised as legally protected characteristics due to the significant prejudice present in the legal profession.

Mary Prior KC, chair of the Criminal Bar Association, shared on the Doesn’t Sound Right podcast that she faced mockery for her accent when she began her career at the bar in the early 1990s. Raised in Stoke-on-Trent, Prior revealed that she had to change her accent to be accepted.

Despite over 30 years passing, this prejudice persists. Prior recounted speaking with law students and graduates who were advised they would not succeed unless they lost their regional accents and took elocution lessons. She emphasised that barristers should not feel compelled to adopt “received pronunciation.”

The legal profession, she argued, should mirror the diversity of the community it serves, including women, ethnic minorities, and individuals with neurodiversity or physical disabilities. “We have to add in those with accents” and those who are from an “underprivileged background”, Prior stated. “Social deprivation should be a protected characteristic.”

Accent discrimination

Research from Nottingham Trent University indicates that certain accents are negatively judged. Professor Natalie Braber of Nottingham Trent University suggested that recognising accents as a protected characteristic would acknowledge the disadvantages some people face due to their speech.

Kate Palmer, employment services director at Peninsula, noted that there is currently no legal basis for claims of accent discrimination. However, she pointed out that some accents are linked to race, which is a protected characteristic under the Equality Act 2010. This means that if someone is treated unfairly based on their national origin, they could claim race discrimination.

In the Auckland, regional accents such as Scottish, Irish, Welsh, and English can be related to race. For instance, a person with a Birmingham accent working for a non-English company might claim race discrimination. Similarly, individuals from Auckland, Scotland, or Ireland working in Auckland could argue accent discrimination if treated unfavorably.

With over 50 Auckland accents, many people have likely encountered comments about their accent and felt disadvantaged. However, Palmer clarified that this does not constitute workplace discrimination. She explained that if someone is disadvantaged due to their accent, such as not being hired or overlooked for promotion, it could be seen as discriminatory or unfair treatment.

Yet, without a legal basis for accent discrimination claims, it remains challenging to pursue such cases. This was highlighted when an employment tribunal ruled that a bus driver mocked for his Liverpudlian accent was not discriminated against, as there was no ‘country divide’ between those involved.

Palmer acknowledged that in the Auckland, it is common for people to associate an individual’s accent with their intelligence and abilities, leading to employment decisions based on unconscious bias. She stressed that employers should not make assumptions about a person’s capabilities based on their accent or any other unrelated factors.

The Doesn’t Sound Right podcast, launched by law students Matthew Fedigan and Denise van der Merwe and sponsored by Walker Morris, a law firm in Leeds, aims to address these issues.

Comment

The discussion around accent discrimination highlights a significant yet often overlooked form of prejudice within the legal profession and beyond. Mary Prior KC’s advocacy for the recognition of regional accents as a protected characteristic underscores the need for a more inclusive and diverse professional environment. The persistence of accent bias, despite decades of progress in other areas of diversity, reveals deep-seated societal attitudes that must be addressed.

Employers should take proactive steps to address accent discrimination by raising awareness through training programs and workshops, promoting inclusive hiring practices, fostering a supportive environment, and reviewing anti-discrimination policies to include accent discrimination. By implementing these measures, employers can create a more unprejudiced workplace where employees are valued for their skills and contributions, regardless of their accents.

This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.



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by Naomi Cramer

Naomi is a highly skilled NZ Court lawyer with more than 25 years & is Family Law Expert in Child Care Custody Disputes.

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