Chandhok v Tirkey

The EAT has confirmed in this case that caste is sometimes protected under the Equality Act, but only where caste is part of a protected characteristic, usually ethnic origin.

Ms Tirkey was a migrant worker from India employed by Mr and Mrs Chandhok as a nanny. She alleged that she had been mistreated by them, in part, because she was from a lower caste. Mr and Mrs Chandhok argued that this aspect of her claim should be struck out because caste was not a protected characteristic under the Equality Act.

The EAT, upholding the employment tribunal's decision, disagreed. Caste is not a freestanding protected characteristic, but elements of caste identity may form part of an individual's ethnic origin, particularly where caste is determined by descent or contains an identifiable ethnic identity. Therefore caste discrimination may be protected as a form of race discrimination.

In Practice

 We reported the original employment tribunal decision back in February 2014. Many commentators wondered whether the employment tribunal had been correct in deciding to include caste discrimination as part of race discrimination. Paul Burton Employment Associate says, "The EAT has now confirmed it was and employers must be aware that workers can be discriminated against based on a perceived caste."

We have offices in the Christchurch, New Milton and the New Forest. Our Employment team also cover Bournemouth and Poole. For a free initial chat, please call 01202 499255 and Paul or a member of the team will be happy to discuss any questions that you may have.