TWO private hire taxi drivers from Basingstoke suffered racial discrimination from borough council officers who 'sided with white drivers', an employment tribunal has found.
The licensing officers from Basingstoke and Deane Borough Council (BDBC) were found to have discriminated against two private hire taxi drivers 'based on simple racial prejudice'.
Miss O Akinleye and Mr A Olumade, who are both of African descent and are black, took BDBC to an employment tribunal for race discrimination, harassment and victimisation due to race, and discrimination due to sex, respectively.
The tribunal, which published its outcome on November 4, found that 'both claimants were subjected to unwanted treatment which was related to race and that the behaviour of the authority officers created on occasions, a hostile and intimidating working environment for them'.
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In one incident, which was ruled as 'an act of direct discrimination', Mr Olumade reapplied for a private hire driver's licence from the council in 2009 after his licence granted in 2006 expired.
Mr Olumade contacted BDBC for clarification on requiring a form showing that he had 'good conduct' whilst living in Nigeria as he had previously been granted a licence without providing the form.
His initial application in 2006 was made with a Nigerian passport, recording permission from the United Kingdom with indefinite leave to remain. However, his application in 2009 was made using a British passport.
Mr Olumade travelled to Nigeria to obtain the form, after which a note was placed on his file stating that he changed his name and was now a British citizen.
Licensing officer Sheila Stevens then contacted the Home Office, asking if the government department had 'any concerns over this applicant'.
The tribunal found that at the point of application, 'Mrs Stevens must have known that he was a British national' and that 'there was no reason to send his papers to the immigration office unless there was some suspicion about either the genuineness of his passport or his immigration status or his right to work'.
It was ruled that 'in the absence of any clear explanation' the tribunal inferred that Mr Olumade's skin colour and nationality 'were relevant factors that influenced Mrs Sheila Stevens in her decision to send the claim'.
"This is an act of direct discrimination and the BDBC are liable for it," it concluded.
The tribunal also found that Mr Olumade and Miss Akinleye 'were treated less favourably than white taxi drivers were treated...in particular' by officers Linda Cannon, Sheila Stevens, Robert Draper and Andrew Wake.
The officers are working for, or have worked for, BDBC licensing.
Concerns were also raised at the tribunal, held in Southampton in October 2023, that officers at the council 'cast Mr Olumade and Miss Akinleye, by association, as a problem instead of investigating concerns'.
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Mr Olumade raised concerns that he was 'being targeted by other white taxi drivers because of his race' which were not investigated as officers 'sided over and again with white taxi drivers'.
The decisions were made in a report published by employment judge Rayner on November 4, an amended judgement made after a process of reconsideration in October.
A spokesperson for Basingstoke and Deane Borough Council said they take the judgement 'extremely seriously'.
They added: "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 judgement 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."
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