Equality Act to encompass "caste" discrimination but not social or economic "class"

The UK Government has agreed to amend the Equality Act 2010 to include a new definition of Race to include a form of social stratification known as Caste.

The Enterprise and Regulatory Reform Bill is currently being negotiated through both the House of Lords and the House of Commons in the United Kingdom Parliament.

This Bill already contains a number of provisions designed to reform the work of the Equality and Human Rights Commission and also the repeal certain aspects of the Equality Act 2010 already in force.

The inclusion of Caste, as a new form of Race discrimination, was conceded by the Government. Although, according to the BBC report of the Government's position, Caste will not become a new protected characteristic in its own right.

The final position will not be clear until the Bill is agreed in the substantive by both Houses of Parliament.

At the moment, the Bill has been sent back to the House of Lords for consideration. This process is known as legislative "ping pong" whereby the Bill is sent back and forth until agreement is reached.

If agreement cannot be made, the Government reserves the right to utilise the Parliament Act. This is a legal mechanism created to prevent an indefinite period of legislative ping pong whereby the House of Commons "calls time" on the game if no agreement is reached.

The Government can only use the Parliament Act to push through legislation if no agreement is reached between both Houses of Parliament over the period of one year.

It remains to be seen to what extent the new definition of Race will truly embrace the concept of Caste.

No doubt, it will be left to the Courts to tidy up the legislative mess by a process of tactful interpretation of Parliaments's true intention.

It is disappointing, however, that other forms of social stratification have not been considered as part of the proposed reform. For example, social or economic class.

Given the Government's hostility to pro active legislative intervention and their refusal to bring into force the existing socio economic equality protections within the Equality Act, I doubt any further positive amendments will follow in the near future.