Under S.9(5) of the Equality Act 2010 (EA 2010) the Government must make an order to outlaw discrimination on the grounds of caste. In answer to a question asked in the House of Lords about the timetable for implementing the legislation to incorporate caste as a protected characteristic under the EA 2010, the Government confirmed that it has no immediate plans to do so.

Baroness Garden of Frognal, on behalf of the Government indicated that it is aware of the recent Tirkey v Chandok EAT judgment and are considering its implications for discrimination law. The judgment opens the possibility of a legal remedy for claims of caste-associated discrimination under existing legislation, in the ethnic origins element of S.9 of the EA 2010 (see our case report in the 22 January News Update).

The Baroness said that she could not make promises on behalf of a future Government not yet elected, but post-election, the incoming Administration will need to consider how to discharge their outstanding duty to legislate.

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