Caste Discrimination

Debate between Lord Bishop of Oxford and Baroness Williams of Trafford

Wednesday 15th July 2015 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government when they intend to implement the amendment to Section 9 of the Equality Act 2010 that requires the introduction of secondary legislation to incorporate caste as a protected characteristic.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)]

My Lords, this Government completely oppose caste discrimination. Since coming into office, we have been considering the caste duty, particularly in the light of the Tirkey v Chandok employment appeal judgment. That suggests an existing legal remedy for claims of caste-associated discrimination under the ethnic origins element of Section 9 of the Equality Act 2010. We note this potential protection.

[Lord Harries of Pentregarth (CB)]

I thank the Minister for her reply and I am glad that she mentioned that case because the Employment Appeal Tribunal, as she rightly said, stated that caste-based discrimination may already be unlawful under existing legislation, but not necessarily so. Is it not therefore essential for the sake of legal clarity that the clear will of Parliament be enacted—namely, that caste-based discrimination be included in the Equality Act?

[Baroness Williams of Trafford]

My Lords, the Employment Appeal Tribunal judge referred to caste in its many forms potentially coming within Section 9 of the Equality Act. This judgment is binding upon employment tribunals.