Race (including caste)



Section 9, EA 10 says that “race” includes colour (for example, black or white); nationality (for example, British or French); and ethnic or national origins (for example, Roma or Irish travellers). This is not an exhaustive list.





A racial group can comprise one or more racial groups, for example, “black Britons” or “south Asians”. There can also be a group defined by exclusion, for instance, “non-British”. Sometimes a claimant may suffer race discrimination on multiple grounds. For instance, a Nigerian worker mistreated at work may suffer discrimination under each of the categories of colour, nationality, ethnicity or national origin. 


A person’s ethnic origins can be closely linked to their religion or belief, leading to discrimination because of both protected characteristics, for example, Muslim faith and Pakistani origin. 




In Northern Ireland, Irish Travellers are explicitly designated a separate racial grouping entitled to protection against racial discrimination (Race Relations (Northern Ireland) Order 1997). In the rest of the UK, the courts have confirmed, through case law, that the definition of “racial group” is broad enough to protect traveller communities.





The Supreme Court has ruled that “immigration status” is not the same as nationality and that mistreatment due to immigration status (for example, mistreatment of a domestic worker whose visa is based on employment in their employer’s own home) is not race discrimination. This is because the individual is treated badly because of their dependent immigration status rather than their race (Taiwo v Olaigbe [2016] UKSC 31). See also the Modern Slavery Act 2015, page 27.


Whether or not words are racially discriminatory always depends on context. There are no terms that are inherently racially discriminatory (Lindsay v London School of Economics [2013] EWCA Civ. 1650). However, the more inflammatory the chosen words, the harder it will be for the employer to show that no discrimination took place (see Burden of Proof, page 270). 





Racial segregation is specifically outlawed as less favourable treatment due to race (section 13(5), EA 10).



Race can include caste (Chandok v Tirkey [2014] UKEAT/0190/14/KN). Caste is a hereditary division found in Hindu societies based on factors such as wealth, rank or occupation. Someone’s caste is likely to be part of their ethnic origin where it is based on descent or contains an identifiable ethnic identity. The government had been considering adding “caste” to the EA 10 as a separate protected characteristic but in July 2018, it announced that this will not happen. Instead, protection will continue to be based on developing case law within the protected characteristic of race.