Is it discrimination? James Marson & Katy Ferris examine the different approaches of the court to mistreatment on grounds of nationality & immigration status
- In Taiwo v Olaigbe and another: Onu v Akwiwu and another the Supreme Court had to decide whether the appellants suffered mistreatment on the basis of their nationality (protected by s 13(1) of the Equality Act 2010 (EqA 2010)) or due to their vulnerable immigration status (not protected).
The case of Taiwo v Olaigbe and another: Onu v Akwiwu and another [2016] UKSC 31, [2016] All ER (D) 134 (Jun) involved the mistreatment of migrant domestic workers by their employers and whether such action amounted to direct or indirect race discrimination.
The question for the Supreme Court was whether the appellants suffered mistreatment on the basis of their nationality (which would be protected by s 13(1) of the Equality Act 2010 (EqA 2010)) or due to their vulnerable immigration status (which is not protected).
The facts
Ms Taiwo’s case
Ms Taiwo, a Nigerian national, entered the UK in 2010 with a migrant worker’s visa obtained, falsely, by her employers
