Exclusion from right to claim

Case 2: The facts

John Mingeley worked as a private hire taxi driver, contracting with Amber Cars; the company allocated the calls and gave him access to its computer system and radio. He had to wear a uniform and adhere to Amber Cars’ scale of charges, but could choose when to work – and there was no obligation on him to work at all. When Mingeley’s contract was terminated, he brought a claim of race discrimination against Amber Cars.

The ruling

The Court of Appeal held that the terms of Mingeley’s contract did not meet the definition of an employment relationship within the meaning of the Race Relations Act 1976, as he was not obliged to execute the work personally and there was no mutual obligation to offer and accept work. He was therefore not able to bring a claim under the Act.

Mingeley v Pennock and Ivory t/a Amber Cars [2004] IRLR 373