Vulnerable workers and discrimination

In a disappointing decision, Taiwo v Olaigbe ([2013] UKEAT/0407/12/ZT), the EAT dismissed a race discrimination claim by a Nigerian migrant domestic worker who was appallingly treated by her employer. The EAT concluded that the reason for the treatment was not her race but rather her vulnerability, and that “vulnerability” is not a characteristic particular to any racial group.

Instead, the EAT suggested that the claimant’s vulnerability depended on a range of circumstances, including poor socio-economic background, lack of English, lack of a support network, control by the employer over accommodation and eligibility for a visa, the fact that she is subject to immigration control and the imbalance of power between the two parties. The EAT refused to accept the claimant’s argument that vulnerability is “indissociably linked” with migrant status, so the claim failed.