An Employment Tribunal has made an award of £183,773.53 to Ms Tirkey as a result of her employer’s failure to pay the national minimum wage during her employment: Chandhok -v- Tirkey 2015. A further award of damages relating to her caste discrimination claim will be made later this year.
As previously reported HERE, the EAT held last year that caste can fall within the definition of race under section 9(1)(c) of the Equality Act 2010. When the case was re-heard by the Employment Tribunal, Ms Tirkey succeeded in claims for unfair dismissal, unlawful harassment on grounds of race, indirect religious discrimination, failure to pay the national minimum wage, and breach of the Working Time Regulations (holiday and rest periods).
This is an unsurprising result, as the facts of the case are stark. Ms Tirkey was working 18 hours a day for just 11p an hour, at the beck and call of her employers. The award in this case was in respect of the failure to pay the national minimum wage; a further remedies hearing to assess damages in respect of the other claims will be held later this year.