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

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    Authors
    Waughray, A.
    Dhanda, M.
    Issue Date
    2016-06-01
    
    Metadata
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    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
    URI
    http://hdl.handle.net/2436/620230
    DOI
    10.1177/1358229116655654
    Additional Links
    http://jdi.sagepub.com/lookup/doi/10.1177/1358229116655654
    Type
    Journal article
    Language
    en
    ISSN
    1358-2291
    2047-9468
    ae974a485f413a2113503eed53cd6c53
    10.1177/1358229116655654
    Scopus Count
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    Faculty of Arts

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