header-logo header-logo

Casting aspersions

13 February 2015 / Catherine Urquhart
Issue: 7640 / Categories: Features , Discrimination , Employment
printer mail-detail
urquhart

Catherine Urquhart reports on a new frontier in discrimination law

There has recently been extensive discussion of whether discrimination on the basis of one’s caste may be prohibited by s 9(1) of the Equality Act 2010, which bans discrimination on the grounds of race.

On 19 December 2014 Mr Justice Langstaff handed down his judgment in the first Employment Appeal Tribunal (EAT) case to consider caste-based discrimination, Chandhok v Tirkey UKEAT/0190/14/KN, [2015] All ER (D) 91 (Jan).

Ms Tirkey had alleged that her employers, Mr and Mrs Chandhok, had discriminated against her in part due to her low status in the caste system. At a preliminary hearing, Employment Judge Sigsworth had refused to strike out the amendment claiming caste-based discrimination, and the respondents appealed.

Section 9(1) of the Equality Act 2010 defines “race” as including: (a) colour; (b) nationality; (c) ethnic or national origins. There is currently no reference to caste in this sub-section.

Langstaff P considered Mandla v Dowell Lee [1983] 2 AC 548, [1983] 1 All ER 1062 (the case which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll