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dc.contributor.authorWaughray, A.
dc.contributor.authorDhanda, M.
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 Law
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.
dc.language.isoen
dc.publisherSAGE Publications
dc.relation.urlhttp://jdi.sagepub.com/lookup/doi/10.1177/1358229116655654
dc.subjectcaste
dc.subjectcaste discrimination
dc.subjectEquality Act 2010
dc.subjectdiscrimination
dc.subjectdiscrimination law
dc.subjectequality law
dc.subjectethnic origins
dc.subjectJati
dc.subjectAdivasi
dc.subjectTirkey v Chandhok
dc.titleEnsuring protection against caste discrimination in Britain: Should the Equality Act 2010 be extended?
dc.typeArticle
dc.identifier.journalInternational Journal of Discrimination and the Law
refterms.dateFOA2018-08-21T13:28:17Z
html.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.


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