Request ID: FOI-0866-2122 Date published: 12 August 2021
You asked
1. The total number private hire drivers currently licensed by Transport for London
(“drivers”); including a breakdown of the results by reference to the drivers’: (a)
ethnicity; and (b) gender.
2. The total number private hire vehicle operators currently licensed by Transport for
London (“operators”); including a breakdown of the results by reference to (a) the
number of drivers contracted with the respective operators; (b) the owner/controller of
the respective operators’: (i) ethnicity; and (ii) gender.
3. The total number of drivers categorised as employees and workers within the
meaning of section 230(1) and section 230(3)(a) of the Employment Rights Act 1996
and associated legislation (limb ‘a‘ workers); including a breakdown of the results by
reference to the drivers’: (a) ethnicity; and (b) gender.
4. The total number of drivers categorised as workers within the meaning of section
230(3)(b) of the Employment Rights Act 1996 and associated legislation (limb ‘b‘
workers); including a breakdown of the results by reference to the drivers’: (a)
ethnicity; and (b) gender.
5. The total number of drivers categorised as self-employed (independent contractors);
including a breakdown of the results by reference to the drivers’: (a) ethnicity; and (b)
gender.
6. The total number of operators which treat their contracted drivers as: (a) employees
and workers within the meaning set out at paragraph 3 above; (b) workers within the
meaning set out at paragraph 4 above; and (c) self employed within the meaning set
out at paragraph 5 above.
7. Details of processes, practices, safeguards or customs used assess, determine and
objectively verify whether an applicant for an operator’s licence does not, or does not
propose to unlawfully misclassifying the employment status of their contracted
driver(s). For example, by unlawfully misclassifying employees or workers as self
employed (independent contractors).
8. Details of all processes, procedures, policies or customs applicable where a driver
engaged in a contractual relationship with an operator and treated as self-employed,
(a) filed a legal claim against the respective operator alleging misclassification of their
employment status; or (b) obtained a judicial judgment declaring their status as an
employee or a worker. Particularly where the respective operator is similarly or
equally engaged with a fleet of drivers who may not have filed a legal claim against
the respective operator organisation alleging misclassification of employment status.
9. For each year between 2014 to 2020, the total number of: (a) operators subject to
legal a claim(s) against them by a driver(s) alleging misclassification of employment
status; (b) operators subjected by Transport for London to suspension or restriction of
their operator’s licence as a result of: (i) a legal claim(s) filed against it by a driver(s)
alleging unlawful misclassification of employment status; and (ii) a judicial
judgment(s) (including those subject to appeal) holding that the operator unlawfully
misclassified the employment status of its driver(s); and (c) drivers affected or
potentially affected by actual or potential misclassification of employment status
based on legal claims filed against operator alleging the same; including a breakdown
of the results by reference to the drivers’: (i) ethnicity; and (ii) gender.
10. Details of all processes, procedures, policies or customs implemented to protect
drivers and passengers from risk of exposure to COVID-19 during the course of the
drivers’ performance of their licensed activities.
11. Details of all processes, procedures, policies or customs used to identify and/or
determine whether any actual or potential contraventions of the Equality Act 2010
(including direct or indirect discrimination) have or may be perpetrated against a
driver(s) by: (a) an operator; and/or (b) Transport for London; particularly such
contraventions arising as a result of misclassification of the employment status of the driver(s).
We answered
Our Ref: FOI-0866-2122
Thank you for your request received on 30 July 2021 asking for information about our private hire operations.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require. You asked for:
1. The total number private hire drivers currently licensed by Transport for London (“drivers”); including a breakdown of the results by reference to the drivers’: (a) ethnicity; and (b) gender.
Demographic information is available on our website, however please note that this is not broken down within each category. For example, ethnicity and gender are provided but not a breakdown of ethnicities by gender:
2. The total number private hire vehicle operators currently licensed by Transport for London (“operators”); including a breakdown of the results by reference to (a) the number of drivers contracted with the respective operators; (b) the owner/controller of the respective operators’: (i) ethnicity; and (ii) gender.
In accordance with the FOI Act we are not obliged to supply information on the number of drivers contracted with the various private hire operators as this is subject to a statutory exemption to the right of access to information under sections 41(1) and 43(2) of the FOI Act.
In this instance section 41(1) has been applied as the information has been provided to a public authority in confidence. Disclosure of this information would enable rival companies to have an insight into an operator’s business practices and undermine their position in the competitive market place.
As section 41 is an absolute exemption we have not gone on to consider the public interest test.
The section 43(2) exemption has been applied as disclosure of this information could prejudice the operator’s commercial interests. Again, disclosure of this information would enable rival companies to have an insight into any operator’s business model by allowing them to calculate the size of an operator’s fleet, and thus undermine their position in the competitive market place.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance feel that the balance lies in favour of withholding the information to ensure that private hire operators can continue to be able to operate effectively without being placed at a commercial disadvantage. Please refer to the Decision Notice issued by the Information Commissioner’s Office for further details: https://ico.org.uk/media/action-weve-taken/decision-notices/2017/2172517/fs50676040.pdf.
We do not hold information on the breakdown by gender or ethnicity of their drivers.
3. The total number of drivers categorised as employees and workers within the meaning of section 230(1) and section 230(3)(a) of the Employment Rights Act 1996 and associated legislation (limb ‘a‘ workers); including a breakdown of the results by reference to the drivers’: (a) ethnicity; and (b) gender.
We do not hold this information.
4. The total number of drivers categorised as workers within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and associated legislation (limb ‘b‘ workers); including a breakdown of the results by reference to the drivers’: (a) ethnicity; and (b) gender.
We do not hold this information.
5. The total number of drivers categorised as self-employed (independent contractors); including a breakdown of the results by reference to the drivers’: (a) ethnicity; and (b) gender.
We do not hold this information.
6. The total number of operators which treat their contracted drivers as: (a) employees and workers within the meaning set out at paragraph 3 above; (b) workers within the meaning set out at paragraph 4 above; and (c) self employed within the meaning set out at paragraph 5 above.
We do not hold this information.
7. Details of processes, practices, safeguards or customs used assess, determine and objectively verify whether an applicant for an operator’s licence does not, or does not propose to unlawfully misclassifying the employment status of their contracted driver(s). For example, by unlawfully misclassifying employees or workers as self employed (independent contractors).
We do not hold this information.
8. Details of all processes, procedures, policies or customs applicable where a driver engaged in a contractual relationship with an operator and treated as self-employed, (a) filed a legal claim against the respective operator alleging misclassification of their employment status; or (b) obtained a judicial judgment declaring their status as an employee or a worker. Particularly where the respective operator is similarly or equally engaged with a fleet of drivers who may not have filed a legal claim against the respective operator organisation alleging misclassification of employment status.
We do not hold this information.
9. For each year between 2014 to 2020, the total number of: (a) operators subject to legal a claim(s) against them by a driver(s) alleging misclassification of employment status; (b) operators subjected by Transport for London to suspension or restriction of their operator’s licence as a result of: (i) a legal claim(s) filed against it by a driver(s) alleging unlawful misclassification of employment status; and (ii) a judicial judgment(s) (including those subject to appeal) holding that the operator unlawfully misclassified the employment status of its driver(s); and (c) drivers affected or potentially affected by actual or potential misclassification of employment status based on legal claims filed against operator alleging the same; including a breakdown of the results by reference to the drivers’: (i) ethnicity; and (ii) gender.
We do not hold this information.
10. Details of all processes, procedures, policies or customs implemented to protect drivers and passengers from risk of exposure to COVID-19 during the course of the drivers’ performance of their licensed activities.
This information is published on our website: https://tfl.gov.uk/info-for/taxis-and-private-hire/notices-and-consultations
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.
11. Details of all processes, procedures, policies or customs used to identify and/or determine whether any actual or potential contraventions of the Equality Act 2010 (including direct or indirect discrimination) have or may be perpetrated against a driver(s) by: (a) an operator; and/or (b) Transport for London; particularly such contraventions arising as a result of misclassification of the employment status of the driver(s).
We do not hold this information.
If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
