Monday, 27 January 2014

Caste Discrimination

I never send out bulletins reporting first-instance employment tribunal decisions.

Except just occasionally.  Once in a blue moon.

Readers will know that there is a power for the Secretary of State to amend section 9(5) of the Equality Act 2010 to make 'caste' a protected characteristic for discrimination purposes.  But the government has made it clear it will not exercise this power until there has been wide public consultation, which will not occur during the lifetime of this parliament.

Today, an employment tribunal has held that 'caste' is already protected under the general concept of 'race' (which includes ethnic group).  It's an interesting decision, albeit the EAT may take a different view if it is appealed.  You can see it here.

[Thanks to Chris Milsom of Cloisters, who represented the Claimant, for sending me the judgment]

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