Taxi Driver Online

The plate “value” is built on inequality, discrimination and exploitation. I know drivers who lost their drive simply for applying for a licence and others that are too frightened to speak out or can't get a drive because of their political opinion on restriction. I really don't think you would have a problem showing the effect restriction has on individual's rights. And that's before you get to the qualified driver, having the right of unfettered access to the tools of his trade, to earn a living, argument.

As for the costs involved the problem is you need to fund a HR, lawyer to fight your case, but there's nothing stopping you representing yourself. If you have the initial argument, and can demonstrate the effect the council's decision has on you as an individual or group.

Trust me Dusty, I've spoken to a top lawyer, and it all comes down to cash or finding a way to represent yourself and getting the argument into the legal process. The last thing he said was, Lawyers will fight anything, if you have money. Oh and btw, when he looked at the case, he said it had merits, he then told me to find the money or spend the next god only knows how many years finding a way to fight it.

I think the RC, meeting is the way into the process. If you have a proper legal submission before the council that can be carried into court on appeal.

The discrimination argument is simply to prove that an individual or group, is disadvantaged by a prejudicial practice. This would be the council's application process and policy of restriction denying a qualified self- employed driver unfettered access to the tools of his trade.

Inequality speaks for itself, working practices that reduce a self-employed driver's status to that of casual labour.

Exploitation, how about paying hiked rentals or inflated artificial plate premiums to prop up vested interests in a restricted market trading in council property.

I don't think you would have many problems proving any of the above to the satisfaction of a Judge.

Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified.

It is important to understand that the Human Rights Act does not protect you from discrimination in all areas of your life. Instead it protects you from discrimination in the enjoyment of those human rights protected by the European Convention of Human Rights. This reflects the core idea that all of us, no matter who we are, enjoy the same human rights and should have equal access to them.

There are other laws that protect you from discrimination more generally.

The protection against discrimination in the Human Rights Act is not free-standing. In other words, in order to rely on this right, you need to show that your ability to enjoy one or more of the other rights in the Human Rights Act has been affected by the discriminatory treatment. However, you do not need to prove that this other human right has actually been breached.

The Human Rights Act prohibits discrimination on a wide range of grounds including ‘sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status’.

The case law relating to this right has shown that the term ‘other status’ includes, among other things, sexual orientation, illegitimacy, marital status, trade union membership, transsexualism and imprisonment. It can also be used to challenge discrimination on the basis of age or disability.

The courts have also established that the human rights protection from discrimination includes indirect discrimination. Indirect discrimination occurs when a rule or policy that appears to apply to everyone equally actually works to the disadvantage of some groups. For example a requirement that all employees be over six feet tall may be indirect discrimination where it is not strictly required for the job, since women and people from some race groups will be disadvantaged.

Yes, you're sounding a bit vague now Gary

An alternative way of looking at is that it's basically a lottery - it doesn't depend on anyone's status, it's just the luck of the draw.

The EuroMillions is hugely discriminatory and creates gross inequalities, but it doesn't discriminate on the grounds of anyone's status.

It's an, er, lottery

Yes, you're sounding a bit vague now Gary

An alternative way of looking at is that it's basically a lottery - it doesn't depend on anyone's status, it's just the luck of the draw.

The EuroMillions is hugely discriminatory and creates gross inequalities, but it doesn't discriminate on the grounds of anyone's status.

It's an, er, lottery

John, you do realise that some people move beyond how they were dragged up. No one is stopping you thinking for yourself. The only one holding you back is you.