Cabbies can't take race claims

Licensed taxi cab drivers may be excluded from taking race claims, according to a recent Employment Appeal Tribunal ruling.

The ruling covers drivers who provide their own vehicles and pay a weekly fee to the taxi company through which they obtain fares.

In a case taken against Yorkshire taxi company Amber Cars, the EAT held that the Race Relations Act 1976 applies only to employment "under a contract of service" or "a contract personally to execute any work or labour".

In its opinion these licensed taxi drivers fall into neither category. The dominant purpose of the contract with the company was to supply services in return for a fixed fee. The cab driver was not obliged to turn up to work or to personally do the work or accept a fare if he/she did not want to.

* Mingeley v Pennock & Ivory t/a Amber Cars EAT/1170/02