Tribunal Unveils Prejudiced Practices at Basingstoke Council Licensing

The tribunal found that council licensing officers discriminated against the drivers, citing “simple racial prejudice” as a factor in their decisions.

The affected individuals, Miss O Akinleye and Mr A Olumade, both of African descent, faced harassment, victimisation, and an intimidating work environment created by council officers.

Licensing Decisions Influenced by Race

In a significant incident, Mr Olumade applied for a private hire driver's licence in 2009, following the expiration of his previous licence issued in 2006. The tribunal ruled that he was subjected to direct racial discrimination during the process.

Mr Olumade was asked to provide a “certificate of good conduct” from Nigeria, a requirement that had not been imposed during his earlier application. Despite now holding a British passport, which he used for his 2009 application, the council’s licensing officer, Sheila Stevens, referred his papers to the Home Office.

The tribunal highlighted that Mrs Stevens must have been aware of his British nationality, questioning the basis of her decision to contact the immigration office. In its judgment, the tribunal concluded that Mr Olumade's race and nationality played a role in this action. The report stated:

“This is an act of direct discrimination, and the BDBC are liable for it,”

Unequal Treatment of Drivers

Both Mr Olumade and Miss Akinleye were treated less favorably compared to white private hire drivers, the tribunal found. Licensing officers, including Linda Cannon, Sheila Stevens, Robert Draper, and Andrew Wake, were accused of favoring white drivers over their black counterparts.

One concerning finding revealed that council officers repeatedly “sided with white taxi drivers” instead of addressing complaints raised by Mr Olumade. He had reported being targeted by white colleagues due to his race, but these concerns were allegedly ignored.

The tribunal noted that the council’s actions fostered a “hostile and intimidating working environment” for the claimants.

Tribunal Outcome

The judgment, delivered by employment judge Rayner and published on November 4, was the result of a lengthy legal battle. The tribunal proceedings included an amended judgment after reconsideration in October 2023.

The ruling emphasized that the council officers’ actions stemmed from racial prejudice, marking their behavior as discriminatory under employment law.

Council Responds to Tribunal

Basingstoke and Deane Borough Council acknowledged the tribunal’s findings and described the case as a “complex and long-running matter” originating in 2009.

A council spokesperson stated:

“This is a complex and long-running matter, that started in 2009, around the council’s responsibility for licensing private hire drivers. We have reviewed the judgment and take it extremely seriously. We are considering what actions need to be taken as a result and we are not able to comment further owing to ongoing legal processes.”

Wider Implications for Licensing and Private Hire Drivers

The case raises questions about racial bias in the licensing process for private hire drivers. The tribunal’s findings underscore the need for fair and transparent licensing practices that treat all drivers equally, regardless of race or nationality.

The outcome may prompt a review of how BDBC handles its licensing responsibilities and its treatment of private hire drivers going forward.