Outlawing caste discrimination – the Government says “No”

In 2013, s.9(5)(a) of the Equality Act 2010 was amended to impose a duty to introduce specific legal protection to make caste an aspect of race for the purposes of the Act: it currently reads. “[A Minister of the Crown] must by order amend this section so as to provide for caste to be an aspect of race”. The Government contended, however, that the subsequent Employment Appeal Tribunal judgment in Chandhok & Anor v Tirkey [2014] UKEAT 0190/14/1912 “established that many of the facts relevant in considering caste in many of its forms might be equally capable of being considered as part of a person’s ethnic origins, which is already part of the existing race provisions within the Act”. Continue reading