2.1 Equality Act 2010 & Anti-Discrimination Standards

2.1 Equality Act 2010 & Anti-Discrimination Standards

Statutory Framework and Purpose of the Equality Act 2010

The Equality Act 2010 represents the cornerstone of anti-discrimination law across England, Wales, and Scotland. Replacing earlier enactments—including the Disability Discrimination Act 1995 (DDA)—the 2010 Act consolidated and strengthened legal protections across all aspects of public life, including public and private passenger transport. Taxis (hackney carriages) and Private Hire Vehicles (PHVs) provide essential door-to-door transport services, particularly for elderly individuals and people with disabilities who may be unable to access conventional buses or trains. Consequently, statutory duties placed upon licensed drivers and operators are stringent, carrying direct criminal liability and regulatory consequences.

Under the Act, licensed drivers operate as service providers to the public. As service providers, drivers are legally bound to deliver services without discriminating against, harassing, or victimising any passenger. Licensing authorities across the United Kingdom treat compliance with the Equality Act 2010 as a fundamental element of the "fit and proper person" requirement for driver licensing.

The Nine Protected Characteristics

The Equality Act 2010 defines nine specific "protected characteristics" under which discrimination is strictly prohibited. Taxi and PHV drivers must ensure that no passenger receives less favourable treatment, direct refusal, or degraded service based on any of these characteristics.

Legal Definitions of Prohibited Conduct

To maintain professional standards, drivers must understand how the law categorises discriminatory conduct:

• Direct Discrimination: Treating a passenger less favourably than another specifically because of a protected characteristic (for example, refusing to pick up a passenger upon seeing that they have a physical disability).
• Indirect Discrimination: Applying a general rule, policy, or practice that puts people sharing a protected characteristic at a disadvantage without objective justification.
• Discrimination Arising from Disability: Treating a disabled passenger unfavourably because of something connected to their disability (such as needing extra time to board or requiring assistance with luggage) rather than the disability itself.
• Failure to Make Reasonable Adjustments: Failing to take reasonable steps to adjust physical obstacles or practices to enable a disabled person to access the transport service on equal terms.
• Harassment: Engaging in unwanted conduct related to a protected characteristic that violates a passenger’s dignity or creates an intimidating, hostile, degrading, or offensive environment.

Statutory Duties Under Section 165 and Section 167

Part 12 of the Equality Act 2010 contains dedicated statutory provisions regulating taxis and private hire vehicles. Section 167 empowers local licensing authorities to compile and publish an official "designated list" of wheelchair-accessible taxis and PHVs operating within their area.

When a vehicle is placed on the Section 167 designated list, Section 165 places explicit statutory duties upon the driver of that vehicle. Specifically, Section 165 requires the driver to:

1. Carry the passenger while they remain seated in their wheelchair.
2. Carry the wheelchair if the passenger chooses to transfer to a standard passenger seat.
3. Ensure the passenger is carried in safety and reasonable comfort.
4. Provide reasonable assistance to load the wheelchair into or out of the vehicle, and assist the passenger into or out of the vehicle.
5. Provide reasonable assistance to load and unload the passenger's luggage or mobility equipment.
6. Refrain from levying any additional charge or surcharge for carrying the wheelchair user or fulfilling any of the above duties.

Absolute Prohibition on Extra Charges and Taximeter Abuse

Section 165(4)(b) creates an absolute prohibition against charging disabled passengers extra fees. A licensed driver must not:

• Charge a higher mileage rate or booking fee for a wheelchair-accessible vehicle.
• Start the taximeter prior to the passenger being fully loaded, secured, and ready for departure.
• Charge extra for loading, securing, or unloading wheelchairs, mobility frames, or luggage.
• Stop the taximeter early or demand cash tips to perform mandatory loading assistance.

The taximeter must remain paused or switched off throughout the entire loading and securing process. The meter may only be engaged once the vehicle is ready to move off.

Criminal Penalties and Licensing Sanctions

Refusing a carriage request or failing to assist a disabled passenger without an official exemption certificate is a criminal offense under Section 165(7).

• Criminal Prosecution: Drivers convicted in Magistrates' Court face a fine up to Level 3 on the standard scale (currently up to £1,000).
• Licensing Action: Following a conviction or formal complaint, licensing authorities will conduct a fit and proper person review. Penalties frequently include immediate driver license suspension or permanent license revocation.
• Civil Claims: Passengers may also institute civil legal proceedings against drivers and operators for compensation, including damages for injury to feelings.

Practical Scenarios and Professional Guidance

Scenario A: The Short Distance Refusal

Situation: A driver operating a designated wheelchair-accessible taxi at a railway rank is approached by a wheelchair user requesting a short 0.8-mile fare worth £5.50. The driver refuses, stating that deploying ramps for a short fare is economically inefficient. Legal Assessment: The driver has committed a criminal offense under Section 165. Distance or fare value is not a legal justification for refusal. The driver faces a court fine up to £1,000 and licensing revocation.

Scenario B: Meter Engagement During Loading

Situation: A private hire driver arrives for a booking, lowers the ramp, spends 7 minutes assisting a passenger in a manual wheelchair, and running the meter during loading. Legal Assessment: Running the meter during loading violates Section 165(4)(b). The driver must refund the overcharge and risks licensing disciplinary action.