Tirkey v Chandok
It has commonly been understood since the Equality Act (“the Act”) came into force that caste discrimination was not included in the list of protected characteristics. In fact the government has stated that detailed consultation will take place on caste discrimination, as it is their intention to make it a protected characteristic. However, due to its complexity, it is unlikely to become law before the second half of 2015.
In the above case an employment tribunal has decided that caste discrimination is already covered under the Act. The Judge held that the phrase ‘ethnic origin’ within the race discrimination section of the Act includes caste discrimination and the fact that government has not expressly legislated for it yet is irrelevant.
In Practice
Paul Burton Employment Associate says, “This case has come as a surprise to many experts in employment law. It is not known if the employer has appealed the decision but it would not be a surprise if they have. If the decision is held to be good law then being a member of a caste will be a protected characteristic as far as discrimination is concerned, even though the legislation does not expressly provide for this yet.”
At Frettens, all of our solicitors offer a free initial meeting to chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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