AN OXFORD taxi driver has lost a second employment tribunal into whether he was employed by a well-known city firm.
Mohammed Fadlalla, from Marston, had claimed he was employed by 001 Taxis but had been sacked after he joined a trade union.
In February 2018, Mr Fadlalla protested with about 100 GMB trade unionists, marching from one of 001’s offices in St Aldates, down Cornmarket Street and Botley Road to its other office in Osney Mead.
But in March 2018, at the first tribunal, he was told he had never been an employee of the firm.
A second tribunal – the findings of which were published this week – found he had not suffered any unlawful deduction of wages, had not been paid below the national minimum wage and had not been denied holiday pay.
Any claim that he suffered any ‘detriment’ for being a GMB member also failed in that hearing, which was held in late April and early May.
READ MORE: Taxi driver loses first part of legal battle against 001 Taxis001 was described in court documents as a ‘family-owned company’, which has been operating for more than 50 years ‘under the leadership of the Green family’.
Mr Fadlalla had been found to ‘know and understand’ 001’s ‘arrangements and systems’ and was not ‘deceived or misled’.
An ‘important’ part of the case hinged on Mr Fadlalla being able to work outside 001’s control.
It was found that Mr Fadlalla had regularly operated ‘on his own initiative’. An example was him securing a special taxi driver permit for the Henley Royal Regatta in June 2017.
At the time, Mr Fadlalla told 001 that he had secured the permits and was ‘allowed into the VIP area to drop and pick up.’
He asked: “Please sort a good price for this service.”
This sort of work, employment judges agreed – in Reading last year and Watford earlier this year – showed that he was not necessarily bound to work for 001.
READ AGAIN: Trade unionists march through Oxford in support of 'sacked' 001 taxi driverMr Fadlalla had worked as a driver for 001 intermittently from 1997 until early last year. He then had ‘two long gaps’ in his service between 2007 and 2011 and then in late 2015. In the first gap, he took time out to study at Oxford Brookes University. In the second, he attended to family matters, spending several months in Sudan in 2015.
He said he was still unclear about what might happen in the future and whether there will be any further hearings.
Mr Fadlalla said his case is now being dealt with by the GMB and his lawyers. He had yet to hear from either since the publication of the second employment tribunal’s findings.
At the time of Mr Fadlalla’s march through Oxford, senior trade union leaders were extremely critical of 001.
Mick Rix, GMB national officer, said: “We’re stood outside a horrible company. Quite a number of taxi operators across the country employ the same tactics.
“There’s an old saying in the trade union movement: ‘an injury to one is an injury to all’, and we aren’t going anywhere.”
Mr Fadlalla is still working as a taxi driver but is not affiliated to any firm operating in Oxfordshire, he said.
001 was approached to comment.
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