Tirkey v Chandhok and another

Employment – Race discrimination. The employee worked as a domestic worker for the employers. She brought a claim for race discrimination alleging that she had been treated in a demeaning manner, in part due to her low status, which were was infected with considerations of caste. The employers applied to strike out the claim, contending that 'caste' did not fall within the definition of 'race' in s 9 of the Equality Act 2010. The employment tribunal refused the application. The Employment Appeal Tribunal, in dismissing the employers' appeal, held that, whilst 'caste' as an autonomous concept did not come within s 9(1) of the Act, it was possible that the facts as found in the present claim might come within the scope of that phrase.

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