Discrimination update – caste is now an aspect of race

Discrimination update


Law update

Law update

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.

Hello, I’m Carole Thomson.  I am a Freelance Senior HR professional and I founded HR Support for Business to give small and medium businesses access to a trusted HR Resource when they need HR support or advice.

If it concerns the management of your workforce then I can help you, whether a small issue or a larger redundancy, TUPE or change situation.

Just pick up the phone and contact me for a free 30 minute consultation so we can discuss how I can best help you.

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Based on the past needs of small businesses I have also developed key HR packages.

These are designed to keep the quality of the HR resources high, but at a cost affordable to small businesses.

Why not have a look what is provided within the HR e-store:

  • HR Compliance in a Box
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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.

Call me and we can discuss how best I can help you.



Carole Thomson Chartered FCIPD, Tech IOSH
Senior HR Consultant
HR Support for Business
Tel: 078994 25916/ 079412 62492 /01295 788 579   carole@hrsfb.co.uk

About Carole Thomson

Following 16 years implementing HR solutions for businesses I founded HR Support for Business. Designed to be a one stop trusted HR Resource centre for small and medium businesses. Working locally or virtually we can be your HR team member when you need us. Or give SMEs access to tried and trusted HR contracts, policies and documentation. A self service HR resource to make it easier for SMEs to manage their people and save time and money in development and management time.

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