header-logo header-logo

25 September 2015
Issue: 7669 / Categories: Legal News
printer mail-detail

Caste discrimination claim victory

Landmark employment tribunal decision provides hope for victims

An Indian domestic worker has won her discrimination claim in the first employment tribunal case to recognise caste discrimination.

Ruling in Tirkey v Chandok and another (ET/3400174/2013), the tribunal upheld claims for harassment on the grounds of race, religious discrimination, unfair dismissal, pay claims and breaches of the Working Time Directive.

Permila Tirkey was born in India to the low-caste Adivasi class, and was recruited from India by Mr and Mrs Chandhok. The tribunal found she was recruited because of who she was “by birth, by virtue of her inherited position in society”.

She was on call 24 hours a day, seven days a week, worked 18 hours per day, slept on a foam mattress in the children’s bedroom and was paid £0.11 per hour. She had her passport confiscated, was not allowed to leave the house unaccompanied, had no control over her bank account and was not allowed to contact her family or practise her Christian faith.

The case was referred to the Employment Appeal Tribunal, which held in January that caste discrimination may be prohibited under the Equality Act 2010 where it forms part of an individual’s ethnic origin (UKEAT/0190/14/KN). The Chandhoks had argued that this part of the claim should be struck out because caste was not a protected characteristic.

Chris Milsom of Cloisters, barrister for Tirkey, says: “Those who have closely followed the legislative history of the Equality Act will recall that the government’s original rationale for refusing explicit prohibition of caste-based discrimination was that there was no evidence of it taking place in the UK.

“The damning findings of the employment tribunal render that stance untenable. Where such discrimination exists its victims must be protected.”

He called on the Legal Aid Agency to do more to fund cases involving domestic servitude, noting that funding was refused for 17 months because the claim was not considered of “sufficient importance or seriousness” and Ms Tirkey could represent herself.

He says: “It is our experience that victims seeking to hold their traffickers to account find their applications for legal aid are routinely refused.”

Ms Tirkey was represented by the Anti Trafficking and Labour Exploitation Unit.

Issue: 7669 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll