Is caste protected under the Equality Act 2010?

Sometimes, held the EAT in a case called Chandhok v Tirkey.

Ms Tirkey from India was employed by Mr and Mrs Chandhok as a nanny. She alleged that she had been mistreated by them, in part, because she was from a lower caste.

Mr and Mrs Chandhok argued that caste was not a protected characteristic under the Equality Act.

The EAT found that elements of caste identity may form part of an individual’s ethnic origin, particularly where caste is determined by descent or contains an identifiable ethnic identity. Therefore caste discrimination may be protected as a form of race discrimination but always … each case turns on its facts. 13 January 2015

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