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smiffyz (geoff)
 Post subject: Refusing PH work?
PostPosted: Fri Jan 19, 2007 7:17 pm 
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What the legal position on refusing work from an operator? There's an argument going on at work.
Is it just a matter of whether the operator accepts refusal or not, or are there further implications like being suspended by the the LA for refusing jobs? PH by the way not Hack.
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Sussex
 Post subject: Re: Refusing PH work?
PostPosted: Fri Jan 19, 2007 7:21 pm 
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smiffyz (geoff) wrote:
What the legal position on refusing work from an operator? There's an argument going on at work.
Is it just a matter of whether the operator accepts refusal or not, or are there further implications like being suspended by the the LA for refusing jobs? PH by the way not Hack.

Other than a guide dog job I think the LO/LA has got f*** all to do with what jobs a PH driver does or doesn't.

Clearly an operator can have rules on what jobs drivers can or must do, but the LO/LA should have nothing to do with it. :?

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smiffyz (geoff)
 Post subject:
PostPosted: Fri Jan 19, 2007 7:25 pm 
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Thats what i thought sussex, but it appears that our LA say differently, a driver may be suspended for refusing work (allegedly).
I'd just like to know if this is true?
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MR T
 Post subject:
PostPosted: Fri Jan 19, 2007 7:27 pm 
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X... pc Barnes I take it

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!
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smiffyz (geoff)
 Post subject:
PostPosted: Fri Jan 19, 2007 8:13 pm 
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:-$ :wink:
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JD
 Post subject: Re: Refusing PH work?
PostPosted: Fri Jan 19, 2007 8:36 pm 
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smiffyz (geoff) wrote:
What the legal position on refusing work from an operator? There's an argument going on at work.
Is it just a matter of whether the operator accepts refusal or not, or are there further implications like being suspended by the the LA for refusing jobs? PH by the way not Hack.


Its an offfence not to take a working dog such as a dog assisting a blind person etc. It's also an offence to discriminate against the disabled. I suppose its also an offence to discriminate on other grounds but I would ask him under which section of the 1976 act he relies on for his conviction that a private hire driver cannot refuse a job issued by a controller? Are you sure you haven't misunderstood him? The contract is between you and the P/H operator and you agree terms on how you wish to work before you engage in the contract, the council have nothing whatsoever to do with it.

There is related case law in a round about way, in the appeal of an Asian private hire driver against an P/H operator, in respect of whether the operator was an employer? I forget the case but its on here.

Regards

JD
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smiffyz (geoff)
 Post subject: Re: Refusing PH work?
PostPosted: Fri Jan 19, 2007 10:00 pm 
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JD wrote:
smiffyz (geoff) wrote:
What the legal position on refusing work from an operator? There's an argument going on at work.
Is it just a matter of whether the operator accepts refusal or not, or are there further implications like being suspended by the the LA for refusing jobs? PH by the way not Hack.


Its an offfence not to take a working dog such as a dog assisting a blind person etc. It's also an offence to discriminate against the disabled. I suppose its also an offence to discriminate on other grounds but I would ask him under which section of the 1976 act he relies on for his conviction that a private hire driver cannot refuse a job issued by a controller? Are you sure you haven't misunderstood him? The contract is between you and the P/H operator and you agree terms on how you wish to work before you engage in the contract, the council have nothing whatsoever to do with it.

So are you saying that the operator could lose his licence if work (other than what you described, re: disabled etc) is refused?
Its more of a general question, it's been suggested that he want to make an example out of someone.

There is related case law in a round about way, in the appeal of an Asian private hire driver against an P/H operator, in respect of whether the operator was an employer? I forget the case but its on here.

Regards

JD
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smiffyz (geoff)
 Post subject:
PostPosted: Fri Jan 19, 2007 10:04 pm 
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Sorry the text appeared in the quote :?

So are you saying that the operator could lose his licence if work (other than what you described, re: disabled etc) is refused?
Its more of a general question, it's been suggested that he want to make an example out of someone.
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Sussex
 Post subject:
PostPosted: Fri Jan 19, 2007 11:47 pm 
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smiffyz (geoff) wrote:
So are you saying that the operator could lose his licence if work (other than what you described, re: disabled etc) is refused?
Its more of a general question, it's been suggested that he want to make an example out of someone.

I think the operator is in a far worse situation than one of their drivers.

The contract is between the punter and the operator, the driver in most cases can do what they want.

But clearly the operator can boot off any driver they wish if they have good grounds to do so.

But usually the fact that the driver gives the operator bundles of cash usually means unless they commit murder they stay on. :roll:

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JD
 Post subject:
PostPosted: Sat Jan 20, 2007 8:04 am 
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smiffyz (geoff) wrote:
Sorry the text appeared in the quote :?

So are you saying that the operator could lose his licence if work (other than what you described, re: disabled etc) is refused?
Its more of a general question, it's been suggested that he want to make an example out of someone.


I'm saying the operator can do what he or she likes? Don't confuse operator with controller?. If the controller takes a job then it is taken on behalf of the operator. The operator will suffer the consequences if the controller makes an error of judgement that contravenes statutory legislation.

A council can attach conditions to an operator's license but telling him who to pick up or who not to pick up would in my opinion be unlawful.

(3) A district council may attach to the grant of a licence under this section such conditions, as they may consider reasonably necessary.

Regards

JD
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GMB Branch secretary
 Post subject:
PostPosted: Sat Jan 20, 2007 10:11 pm 
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Location: London
The operator is an agent that YOU employ, there fore there is NO legal pressure on you except as JD outlined.However the proprietor would have problems if ALL drivers were to cherry pick, that said rude,dangerous,infested passengers should of course be declined.The other reasons for declining are of course TIREDNESS/SICKNESS/DOMESTIC EMERGENCIES.
ORGANISE EDUCATE EDUCATE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Guest
 Post subject:
PostPosted: Sun Jan 21, 2007 12:02 pm 
As a PH you have the "Right to Refuse"; and if you really want to be awkward (I'd never try this of course :lol: ) you could always state that taking such a fair would be an infringement of your Human Rights; which taken to its limits means that you can refuse for any reason and get away with it :roll:
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smiffyz (geoff)
 Post subject:
PostPosted: Sun Jan 21, 2007 12:21 pm 
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It was just a discussion we had about refusing work, it doesnt happen a lot but now and again it raises it's ugly head. It's more about drivers being dragged a few miles to do a small job when there's a job on their doorstep in 10 mins.
Second hand info, but i heard that the LO is trying to find out drivers names so warnings can be issued to them.
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JD
 Post subject:
PostPosted: Sun Jan 21, 2007 1:40 pm 
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smiffyz (geoff) wrote:
It was just a discussion we had about refusing work, it doesnt happen a lot but now and again it raises it's ugly head. It's more about drivers being dragged a few miles to do a small job when there's a job on their doorstep in 10 mins.
Second hand info, but i heard that the LO is trying to find out drivers names so warnings can be issued to them.


As has already been pointed out to you Geoff, the contract is between you and the operator and has nothing whatsoever to do with the council. You have the right to dispense with the operators services at any time and he has a right to dispence with yours at any time, Its a simple as that.

Regards

JD
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GMB Branch secretary
 Post subject:
PostPosted: Mon Jan 22, 2007 8:36 pm 
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JD wrong im afraid the driver could be deemed a worker under the direction of the company, currently winning these in London.So he CANT be dispensed with at the Prop whim.
DECISIONS ARE TAKEN BY THOSE THAT TURN UP!!!!!!!!!!!!!!!

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