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Race discrimination: Taxi driver not employee within meaning of RRA

This report relates to 1 case(s)

Key points

In Mingeley v Pennock and Ivory t/a Amber Cars, the Court of Appeal holds:

  • A taxi driver was not in an employment relationship with the proprietors of the taxi firm for which he worked for the purposes of the Race Relations Act 1976. Accordingly, the employment tribunal had been right to hold that it did not have jurisdiction to consider his complaint of unlawful race discrimination, which arose out of the termination of his contract by the firm.
  • The driver was obliged to make a weekly payment to the firm for access to its radio and computer system. The firm allocated calls to drivers, but the days and hours he worked (if indeed he chose to work at all) were entirely at his discretion. Accordingly, he was under no contractual obligation "personally to execute any work or labour", and his situation did not fall within the RRA's definition of employment.