Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm

http://www.theguardian.com/uk-news/2014/oct/22/equalities-watchdog-to-investigate-white-drivers-policy-of-rochdale-minicab-firm

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A minicab firm manager who allows customers to choose the race of their driver is to be contacted by the equalities watchdog following concerns that the policy may unlawfully discriminate against staff.

The Equalities and Human Rights Commission is to write to Stephen Campbell from Car 2000 in Heywood who told the Guardian that he is often asked to provide white drivers even though most of his drivers are of Pakistani origin.

Residents in the Greater Manchester borough of Rochdale have been offered the service after two local drivers of Pakistani origin were jailed for their part in the rape and trafficking of young white girls.

A commission spokesperson said it was illegal to disriminate against an employee on the grounds of race, and so they will be writing to the firm and to the council, the licensing authority, to establish the basic facts.

Crucially, they will seek to establish whether the firm’s drivers should be treated as self-employed or as employees of Car 2000 in law.

“While the law doesn’t prevent individual customers making requests, it is unlawful for an employer to treat an employee less favourably because of the colour of their skin,” the spokesman said in a statement.

The Commission will pay close attention to Section 83 of the Equality Act, which seeks to define a person’s employment status and whether they are subject to the Act.

“Equality legislation covers employees and self-employed people in different ways. As the nature of the relationship between the firm and the drivers is currently unclear we are therefore urgently writing to both Rochdale borough council, as the licensing authority, and the taxi firm to establish the facts in this case and ensure both understand their legal responsibilities,” the spokesman added.

Rochdale council told the Guardian on Tuesday that the firm’s decision to allow customers to request white drivers did not appear to be in breach of any rules. On Wednesday, it modified its position and has launched an inquiry to find out if Car 2000 has broken the terms of its licence.

Mark Widdup, director of economy and environment at Rochdale Borough Council, said: “Any private-hire business must satisfy a ‘fit and proper’ test before they are licensed by the council and able to operate within the borough.

“While we have not had any complaints regarding Car 2000 up to this point, we are now taking legal advice as to whether their policy to offer white drivers contravenes the ‘fit and proper’ test, and will act accordingly depending on the outcome of that advice.”

Heywood was at the centre of the Rochdale scandal after a sex trafficking gang of men of mainly Pakistani origin were found to have preyed on at least 47 girls, all of whom were white. Two drivers from the now defunct local firm of Eagle Taxis were among nine Asian men jailed for their involvement.

Ukip ran a byelection campaign in Heywood and Middleton earlier this month focusing on the issues of child grooming and immigration and came within 617 votes of overturning a near 6,000 Labour majority.

Campbell, whose father’s firm Car 2000 took over Eagle Taxis in 2011, said that a consequence of the affair was that many white customers ask for white drivers – or “local” drivers, as they usually describe them.

Campbell said on Wednesday night that he would respond in full to any queries from the Commission and the council but remains confident that his drivers are self-employed and that he is not in breach of the law.

“I have responded to demand, and I have to try and make a living. I have nothing against any race and choose to employ many Asian drivers. As far as I am concerned, the drivers are not my employees,” he said.