Low Caste Hindu Refused Anonymity Order in Employment Case

The subject matter of Employment Tribunal (ET) cases can be highly sensitive, and those involved are often keen to maintain their anonymity. However, as was shown by a case in which controversial religious issues took centre stage, the open justice principle will usually require them to be identified by name.

The case concerned a senior electrical engineer who was of Tamil origin and came from a low Hindu caste. In ET proceedings he asserted, amongst other things, that his line manager, a high caste Hindu from Mumbai, had discriminated against him on racial grounds. He claimed that his promotion prospects, bonuses and work allocations had all been adversely affected by his low caste status.

In contending that he should be permitted to bring his claim anonymously, he argued that members of his caste are subject to widespread victimisation by higher caste Hindus, both in India and the UK. He contended that, were he to be identified in the proceedings, any resulting publicity could place him, his wife and his children, together with members of his caste generally, at risk of persecution.

Ruling on his application for an anonymity order, the ET accepted that members of his caste do face discrimination by some higher caste Hindus. It was not, however, persuaded that they suffer systematically from threats or acts of violence in this country. His sons were doing very well at school and there was no evidence that they had been threatened, assaulted or victimised by those from upper castes.

In refusing to grant the order sought, the ET concluded that he had failed to provide the clear and cogent evidence required to justify a departure from the fundamental principle of open justice. The ET also rejected the employer’s plea that individuals who would feature as comparators in the case should be granted anonymity.