Chandhok & Anor v Tirkey (Race Discrimination)  UKEAT 0190 14 1912 was an appeal against the refusal of Employment Judge Sigsworth to strike out some parts of a claim by Ms Tirkey. She had claimed that the Chandhoks had treated her badly and in a demeaning manner and initially sought “compensation for direct or indirect race discrimination and harassment including injury to feelings” and “compensation for discrimination on the grounds of religion or belief, including injury to feelings…”. She then claimed (by amendment) that her treatment was in part because of her low status which was “infected with considerations of caste”.
The Chandhoks applied to strike out this amendment on the following grounds:
- that “caste” did not fall within the definition of “race” in s 9(1) Equality Act 2010; and
- that the enactment of s 9(5), both initially and as subsequently amended by the Enterprise and Regulatory Reform Act 2013 (which inserted s 97 (Equality Act 2010: caste as an aspect of race) into the principal Act), demonstrated that Parliament recognised that “caste” was excluded from the definition in s 9(1). Continue reading