It has been recently announced that the Equality Act is to be amended so caste will now be an aspect of race therefore protected under current discrimination laws.
The resulted from the outcome of the case Chandhok v Tirkey.
On appeal EAT had to decide whether the existing scope of the statutory definition of race covered caste discrimination.
The outcome was that EAT found ‘ethnic origins’ posed wide questions in relation to descent and less favourable treatment due to ethnic origins so. It was there decision that caste could amount to race discrimination.
The Equality Act will be amended. However, in the meantime, as this decision was made by a higher court then Tribunals will in the interim period refer to this decision when making their own ruling of whether less favourable treatment due to caste is discriminatory or not.
I would therefore personally from now consider any discrimination claim based on caste to come under the umbrella of legal discrimination when making any decision.
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I hope you have found this employment update useful. As with all legislation it is best to have this laid out in your Employees Handbook.
A good Employee Handbook, with a strong Equality policy and procedure will not only ensure your legal compliance, it is a guide for your managers and employees on how you want your business to operate. Thereby protecting your business and laying the foundations for good performance management.
This post has been extracted from our 2015 1st Quarter Employers Newsletter. To read more please click here.
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Carole Thomson Chartered FCIPD, Tech IOSH
Senior HR Consultant
HR Support for Business
Tel: 078994 25916/ 079412 62492 /01295 788 579 email@example.com