The Equalities Office has launched a consultation on ‘Caste in Great Britain and Equality Law’ to determine whether caste discrimination should be addressed by case-law or legislation. Currently under S. 9 (5) (a) of the Equality Act 2010 (EA 2010), the Government must provide for caste to be an aspect of the protected characteristic of race, but this duty has not been met.

The Government recognise that there is very little knowledge and understanding about caste, there is no universally accepted definition which can be relied upon and that caste is a controversial and sensitive issue. The consultation is therefore about ensuring that there is appropriate and proportionate legal protection against unlawful discrimination because of a person’s origins, giving due consideration as to how such protection would be implemented in practice.

The Government wants to hear from employers, service providers and public authorities so as to decide the better approach between legislating in a way that is proportionate by amending the EA 2010 or by relying on precedent set by case-law, i.e. in Chandhok and another v Tirkey, the EAT held that the definition of ‘race’ in the EA 2010, which includes “ethnic origin”, is wide enough to encompass caste.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.