Ensuring protection against caste discrimination in Britain: Should the Equality Act 2010 be extended?

2.50
Hdl Handle:
http://hdl.handle.net/2436/620230
Title:
Ensuring protection against caste discrimination in Britain: Should the Equality Act 2010 be extended?
Authors:
Waughray, A.; Dhanda, M.
Abstract:
: Section 97 of the Enterprise and Regulatory Reform Act 2013 requires the addition of caste to the Equality Act 2010 by secondary legislation as ‘an aspect of’ the protected characteristic of race; but despite being mandated, no secondary legislation has been introduced and the addition of caste remains contested by some academics, civil society organisations, and politicians who question the adequacy of any definition of caste, the estimates of the extent of caste discrimination, and whether legal protection against caste discrimination already exists under the Equality Act. In this article we assess whether legal protection against caste discrimination is now assured following the Employment Tribunal judgment in September 2015 in Tirkey v Chandhok & Anor which held that discrimination on grounds of caste, depending on the facts, might be capable of falling within the scope of race as currently defined in the Equality Act. We argue that Tirkey is significant but not decisive and that it remains open to government to extend the Equality Act to cover caste.
Citation:
Ensuring protection against caste discrimination in Britain: Should the Equality Act 2010 be extended? 2016, 16 (2-3):177 International Journal of Discrimination and the Law
Publisher:
SAGE Publications
Journal:
International Journal of Discrimination and the Law
Issue Date:
11-Jul-2016
URI:
http://hdl.handle.net/2436/620230
DOI:
10.1177/1358229116655654
Additional Links:
http://jdi.sagepub.com/lookup/doi/10.1177/1358229116655654
Type:
Article
Language:
en
ISSN:
1358-2291; 2047-9468
Appears in Collections:
FOA

Full metadata record

DC FieldValue Language
dc.contributor.authorWaughray, A.en
dc.contributor.authorDhanda, M.en
dc.date.accessioned2016-10-24T09:30:17Z-
dc.date.available2016-10-24T09:30:17Z-
dc.date.issued2016-07-11-
dc.identifier.citationEnsuring protection against caste discrimination in Britain: Should the Equality Act 2010 be extended? 2016, 16 (2-3):177 International Journal of Discrimination and the Lawen
dc.identifier.issn1358-2291-
dc.identifier.issn2047-9468-
dc.identifier.doi10.1177/1358229116655654-
dc.identifier.urihttp://hdl.handle.net/2436/620230-
dc.description.abstract: Section 97 of the Enterprise and Regulatory Reform Act 2013 requires the addition of caste to the Equality Act 2010 by secondary legislation as ‘an aspect of’ the protected characteristic of race; but despite being mandated, no secondary legislation has been introduced and the addition of caste remains contested by some academics, civil society organisations, and politicians who question the adequacy of any definition of caste, the estimates of the extent of caste discrimination, and whether legal protection against caste discrimination already exists under the Equality Act. In this article we assess whether legal protection against caste discrimination is now assured following the Employment Tribunal judgment in September 2015 in Tirkey v Chandhok & Anor which held that discrimination on grounds of caste, depending on the facts, might be capable of falling within the scope of race as currently defined in the Equality Act. We argue that Tirkey is significant but not decisive and that it remains open to government to extend the Equality Act to cover caste.en
dc.language.isoenen
dc.publisherSAGE Publicationsen
dc.relation.urlhttp://jdi.sagepub.com/lookup/doi/10.1177/1358229116655654en
dc.rightsArchived with thanks to International Journal of Discrimination and the Lawen
dc.subjectcasteen
dc.subjectcaste discriminationen
dc.subjectEquality Act 2010en
dc.subjectdiscriminationen
dc.subjectdiscrimination lawen
dc.subjectequality lawen
dc.subjectethnic originsen
dc.subjectJatien
dc.subjectAdivasien
dc.subjectTirkey v Chandhoken
dc.titleEnsuring protection against caste discrimination in Britain: Should the Equality Act 2010 be extended?en
dc.typeArticleen
dc.identifier.journalInternational Journal of Discrimination and the Lawen
All Items in WIRE are protected by copyright, with all rights reserved, unless otherwise indicated.