FOI request detail

Equality duty

Request ID: FOI-2273-2425
Date published: 05 December 2024

You asked

I wanted to bring to your attention that Private Hire drivers are no longer solely responsible for providing equality assistance under the Equality Act 2010. This follows the Part 8 declaration in the Uber case, which found that all Private Hire operators, including Uber, are considered the contractual principal with the passenger. In simpler terms, the Supreme Court ruling in Aslam v Uber determined that Private Hire drivers offer their professional services to Uber. Since the contractual obligation to provide services rests with Uber, any failure by a Private Hire driver under Uber’s control to meet their equality duty also puts Uber in violation of the same responsibility. Under the Freedom of Information Act, could you please provide: 1. The number of Private Hire drivers working for Uber who have been prosecuted by TfL in the past 12 months for failing to meet their equality duty? 2. Could you confirm whether TfL has jointly prosecuted Uber for these offenses, given that the contractual agreement for Private Hire services is between the passenger and Uber? 3. What remedial action has TfL TPH department put in place after the cited cases to ensure Uber are held jointly liable for equality duty breaches? Thank you for your attention to this matter.

We answered

Our ref: FOI-2273-2425

 

Thank you for your request received by Transport for London (TfL) on 15 October 2024 asking for information about Private Hire Uber drivers.

 

Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. 

 

I can confirm that we do hold the information you require. You asked:

 

1. The number of Private Hire drivers working for Uber who have been prosecuted by TfL in the past 12 months for failing to meet their equality duty?

 

Over the past twelve months (between November 2023 - November 2024), we have undertaken 21 prosecutions of private hire vehicle (PHV) drivers for Equality Act offences, who were undertaking a journey on behalf of working for Uber London Limited at the time of the offence. All of these individuals were convicted.  

 

Please note that licensed private hire drivers are permitted to work for, or be available to, more than one operator at any one time. 

 

2. Could you confirm whether TfL has jointly prosecuted Uber for these offenses, given that the contractual agreement for Private Hire services is between the passenger and Uber?

 

There is separate offence under the Equality Act 2010 against private hire operators who discriminate against disabled people seeking to hire a private hire vehicle and Uber has neither been investigated nor prosecuted for any such offence to date. 

 

3. What remedial action has TfL TPH department put in place after the cited cases to ensure Uber are held jointly liable for equality duty breaches?

 

In addition to our answer to question 2, all PHV licensees are informed and regularly reminded of their obligations as part of our mandatory licensing assessments (Safety, equality and regulatory understanding (SERU) requirement), when a licence is granted, via social media, in our weekly email to licensees, our quarterly OnRoute magazine, Taxi and Private Hire Notices and in our published policies and other online information

 

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

 

 

Yours sincerely,

 

 

 

Tahsin Prima

FOI Case Officer

General Counsel

Transport for London

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