First case in EAT to consider caste-based discrimination


The EAT has today handed down judgment in the case of Chandhok v Tirkey.

This the first case in the EAT to consider caste-based discrimination. A link to the judgment can be found here. and a link to our previous post summarising the arguments in the appeal can be found here.


Langstaff P has held that caste-based discrimination may fall under s. 9(1) of the Equality Act 2010 as part of ethnic origins. At paragraph 51 of the judgment he held that: ‘there may be factual circumstances in which the application of the label “caste” is appropriate, many of which are capable – depending on their facts – of falling within the scope of section 9(1), particularly coming within “ethnic origins”, as portraying a group with characteristics determined in part by descent, and of a sufficient quality to be described as “ethnic”.’

Cloisters’ barrister Chris Milsom led Tamar Burton in successfully defending the employers’ appeal.