The Supreme Court in Taiwo v Olaigbe and Onu v Akwiwu has ruled that less favourable treatment due to a vulnerable immigration status was not direct race discrimination; immigration status is not expressly a protected characteristic and cannot be equated with nationality (which is a protected characteristic).
In some cases the treatment might involve application of a practice, condition or policy (a 'PCP'), in which case an indirect race discrimination might be possible. However, this case involved the abuse of two migrant domestic workers and it was not possible to discern a PCP.
Lady Hale did comment that Parliament might wish to consider providing employment tribunals with the power to award compensation for victims of modern slavery who are mistreated in this way.
