A recent case, and the first of its kind, has resulted in the Employment Tribunal ruling that caste is covered by the legislation designed to prevent race discrimination. Permila Tirkey was a migrant domestic worker who was “employed” by Mr and Mrs Chandhok but in essence, she was treated as a slave and subjected to extremely degrading treatment. She worked as a housekeeper in their home but never had a day off and was working or on call for around 18 hours a day. She was not given a proper bed and had to share a room with their children.
Her claims were for unfair dismissal, breach of the National Minimum Wage Rules and Working Time Regulations but significantly, she also claimed race discrimination/harassment because of her caste or status. The Tribunal found at a preliminary hearing that caste is considered to be an aspect of race. There had been very few cases on this point and the government had indicated that it would amend the Equality Act 2010 to include caste discrimination but so far, no firm steps have been taken to change the legislation. This case should bring further pressure to bear on the government to update the current law so that caste is included in the list of so called protected characteristics which include sex, race, disability, age and sexual orientation.
Should you believe you have a case for race discrimination, harassment or unfair dismissal or wish to discuss any other employment matter please call 0113 320 5000 or email employment@winstonsolicitors.co.uk
