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GRIEVANCE: Clive Henry

THE EUROPEAN Commission for Human Rights in Belgium is to look into racism claims from a black Briton.

Clive Henry claims he was unfairly singled out for a performance review and faced unreasonable demands as the only black employee in a department run by delivery giant UPS Limited.

In a letter to Henry, the Commission said his case would be looked into to see whether it would be used as an infringement case.

Henry, from Nottingham, told The Voice he wrote to the Commission in March after an employment tribunal dismissed his racial discrimination case against his former employers, UPS.

Henry said he is awaiting a hearing date at the Court of Appeal.

He is appealing the tribunal’s decision because the tribunal judge failed to consider key evidence and “contrary witness statements,” and even reportedly told him he was “making mountains out of molehills.”

Henry added: “The grounds are this was not a fair trial and that the judge was biased and wrong in his judgment. He has ignored factual evidence which was in the document bundle of the case.”

TRIBUNAL

Henry, a former sales executive, took his ex employers to tribunal in 2009 after claiming a particular manager singled him out and put him on a Performance Improvement Plan (PIP) without looking at his previous work record.

“I had an 11-year working span. In that time I never received any disciplinary action” said Henry, who said he was the only black employee in the department at the time.

Prior to the PIP, Henry said he was given greater responsibility, even being asked to supervise the merge of all the Lynx Courier accounts in his department by a previous manager (dubbed ‘Manager A’ in his tribunal documents).

However, Henry said just three months after a new manager took over his department in 2008, he was placed on a PIP, which he says was never authorised by Human Resources.

Henry also claimed he was shouted at and given a written warning because he failed to meet new sales targets which he disputes.

He said: “My previous year’s figures were very good. Why would (Manager A) ask me to supervise a major project of merging the two companies if I was the lowest performer in the department?”

Henry said he “was signed off with occupational stress in January 2009 because of these events.”

Henry claimed he was forced to resign from UPS in March 2010, and decided to take the company to a race discrimination tribunal. His case was dismissed last March.

In a statement, UPS told The Voice: “Having undertaken a thorough investigation of this issue, UPS is confident that it treated Mr Henry fairly and stands by the March 2010 decision of the employment tribunal that dismissed Mr Henry's case. As a matter of company policy, UPS does not discriminate against any employee in any aspect of their employment at UPS because of age, race, religion, sex, disability, sexual orientation, military status, pregnancy, national origin, or veteran status. With over 400,000 employees and eight million daily customers in more than 200 countries, equal opportunity is part of the social fabric at UPS. It reflects a mindset of inclusiveness, respect and cooperation - core values that drives our relationships with employees, customers, suppliers.”

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