CAPITAL NEWS IWGB FIGHTS DISCRIMINATORY
PHV CONGESTION CHARGE AT COURT OF APPEAL for
The Independent Workers Union of Great
Britain
(IWGB) is taking a legal battle against Mayor of London Sadiq Khan’s deci- sion to introduce a
congestion charge on PHV drivers to the Court of Appeal, on the grounds that it discriminates ag- ainst the sector’s ove rwhe lmingl y black and ethnic minority
(BAME
workforce. The case was to be heard on 30 June and 1 July. The IWGB argued
that the decision to introduce the charge for PHV drivers, while black cab drivers continue to be exempt, consti- tutes a case of indirect discrimina- tion under
the
Equality Act. 94% of minicab drivers are from BAME backgrounds, while 88% of black
UTAG AND LTDA PREPARE LEGAL ACTION OVER ROAD CLOSURES
“Dear Member, As a trade we are facing an onslaught of proposed road closures many
across boroughs,
including the City of London and TfL roads. The speed and ex- tent of these pro- posals, if not chal- lenged, will have a detrimental effect on our ability to make a sustainable living as well as our passengers, espe- cially the disabled. The directors and Steering Commit- tee of UTAG have a unanimous
view
that the road clo- sures have become the most important issue before us. Without a road net- work, we are unable to ply our trade.
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Therefore, we have instructed our QC and legal team to prepare a Generic Statement of Claim against our exclu- sion from roads, where buses and permitted vehicles, excluding
taxis,
continue to have access. This would allow us to request a Statutory Hearing in the High Court should it be neces- sary to do so. Although no firm exclusions
have
been enacted yet, and while we wait for final confirma- tion of which roads and bridges we may or may not use, UTAG along with the LTDA believe that it is prudent to prepare for
legal action,
therefore, we have agreed to work col- laboratively with them and co-fund the legal action(s). As these proposals are being brought in under the aus- pices of Covid-19 social distancing
measures, they will be deemed tempo- rary
measures
(temporary can be 18 months) by which time sub- stantial structural damage will have been done to our trade. Time pressures are upon us, as the trade shall have only six weeks to challenge
these
closures. The six- week window starts from when the order is made, not the implementation of the restrictions; that is why we believe that we must prepare to act now, as announce- ments could come at any time. We trust that you agree that this fight could be vital for our trade and that we must prepare as if it will go ahead. We shall of course keep you updated as matters pro- gress. Thank you for your unswerving trust and loyal support.”
cab drivers are white. The union also argued that
the
charge discriminates against women, who are more likely to work part time, and disabled or elderly passengers, who have fewer transport options as a result of the charge. The IWGB appealed a decision by the High Court
from
July 2019 which stated that the con- gestion charge on minicabs was a pro- portionate means of achieving a legiti- mate aim. The union argued that
the
decision to remove the exemption on minicabs was a breach of section 19 and 29 (6) Equality Act 2010 in respect of race, sex and dis- ability. L o n d o n - b a s e d minicab driver and father of three Faiz Saim said:
“The congestion charge
increase is devas- tating
us,
especially on the back of Covid-19, which destroyed most of our busi- ness. I just can’t believe
they’re
doing this to us. “The other day I only got two jobs in the morning and every penny
I
earned went on the congestion charge. “I’m grateful
the
IWGB are calling on Sadiq Khan to think again. He should charge the compa- nies instead of us drivers. Uber can afford it. We can barely afford to keep food on the table.” IWGB General Sec- retary Jason Moyer- Lee said: “Faced with the greatest economic crisis in 300 years, it is now more important than ever that London’s low paid minicab drivers don’t face a discriminatory tax on the poor. It is a
shame that the
Mayor has forced drivers to litigate in order
to protect
their livelihoods.” On 22 June, the con- gestion charge was increased by 30 per- cent to £15 per day. At the same time plummeting
de-
mand due to the Covid-19 pandemic has pushed many drivers into deeper poverty and debt. In 2019 protests erupted over seven weeks as private hire drivers called on Sadiq Khan to scrap the
congestion
charge, which im- posed for many what was already an unbearable financial burden. The union has pro- posed alternatives to reduce conges- tion fairly, including a cap on the total number of private hire licences or a levy on private hire operators such as Uber and Lyft.
CONGESTION CHARGE The
INCREASED BY 30 PER CENT congestion
charge for driving into central London has now increased by 30 per cent from £11.50 to £15. The charge will now be enforced everyday from 7am to 10pm and is expected to be in place for a year. It is one of the con- ditions of a recent £1.6bn bailout deal between TfL and the government. How- ever, the emergency
services, NHS and care workers will still have the charge reimbursed. Residents applying for a discount have until 1 August to apply. TfL
said data
showed the number of cars in the zone was the same as before
lockdown
began in March. It said as the govern- ment further eased lockdown restric-
tions, traffic levels could double if peo- ple who would have used public trans- port chose to drive instead. This would mean there would not be enough space on the streets to ac- commodate
the
increased amount of walking and cycling needed in order to enable people to socially distance, TfL said.
JULY 2020
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