Splitting hairs? Is it discrimination? James Marson & Katy Ferris examine the different approaches of the court to mistreatment on grounds of nationality & immigration status

In Brief: 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 s13(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.