Council to pay £270k after tribunal finds “sustained” race discrimination against two taxi drivers

In a judgment on remedy published last month (26 November), the tribunal said that the drivers, who are British nationals of Nigerian, descent had experienced “sustained and continuing” discriminatory treatment by senior council officers.

This included failures to investigate racist harassment by other drivers and the unfair targeting of the pair for vehicle inspections.

Employment Judge Rayner said the “racist conduct” of particular officers, combined with the authority’s “collective failure” to deal with the pair’s complaints, had caused “significant injury to feeling”.

According to the tribunal, the earliest “proven” incident of discrimination took place in 2009 and later ones occurring as recently as 2022.

It found that the council dismissed or ignored the claimants’ complaints and, in some instances, acted in a “high-handed” manner.

Both claimants told the tribunal they suffered stress, anxiety and loss of confidence.

The remedies judgment described the circumstances as a sustained failure by the BDBC at a senior level and by two specific officers to deal with "serious and well founded allegations of race discrimination and race harassment by other taxi drivers”.

It added that this was coupled with “sustained racist treatment” of both claimants by council officers.

“Instead of taking the claimant’s complaints seriously, BDBC officers constantly dismissed them and sought instead to undermine and penalise the two claimants.

“We have no doubt in concluding that the racist conduct on the part of particular officers of the BDBC and the collective failure of the BDBC corporately to deal with these issues, was the cause of significant injury to feeling, and should attract a high level of injury to feeling award.”

In total, £122,929 was awarded to the first claimant and £155,529 to the second claimant. These figures covered loss of earnings, aggravated damages, future loss of earnings and injury to feeling.

A spokesperson for Basingstoke and Deane Borough Council said: “This employment tribunal decision on compensation is the conclusion of a complex and long-running matter that started in 2009, concerning two taxi drivers that the council licenses. 

“We fully considered the judgement and apologised to the drivers for the incidents, and our handling of them, that led to them feeling they needed to bring this action and the distress it caused them.

“We acknowledge the outcome of this remedy hearing and have fully complied with the ruling and the payment of compensation to the people involved.”

The spokesperson added: “Basingstoke and Deane Borough Council is committed to upholding the highest standards in our operations. We are determined to ensure that lessons are learned and appropriate changes are being made.”

Adam Carey