Former UPS Courier Service employee Clive Henry is appealing a race discrimination tribunal decision after he was forced to resign following excessive work demands from his employer.
Clive Henry, from Nottingham, worked at UPS Ltd for eleven years, he had a 100 percent perfect attendance record for seven of those years and never received disciplinary action whilst working at UPS.
In January 2008, Clive was asked by Manager A to supervise the merge of all the Lynx Courier accounts in his department, but by July things changed when Manager B, a director at Lynx couriers, took over and became Clive’s boss.
In just under three months with Manager B taking over, Clive was placed on a Performance Improvement Plan (PIP) which he says was never authorised by Human Resources (HR).
“I hit the £3000 department monthly target. This was raised to £4000 the next month”, said Clive. He was shouted at and given a written warning because he failed to meet the new target. Clive says that his warning letter was “smudged“, which made him conclude that he was treated in an unprofessional manner.
As a result of these events Clive was signed off work with occupational stress. He appealed, got the warning revoked but was told via a letter that he would still be on the PIP.
He emailed HR to obtain details from the corporate office so that he could investigate these events further but said that he was summoned quickly by HR for an emergency meeting. He believed that UPS HR and management was trying to cover up the way they treated him.
“I was the only Black male and the only person ever to be placed on a PIP”, he says.
In the meeting he was told that he would not be back on the PIP, but Clive objected to being messed around and asked again for the corporate office details to take his grievance higher. He was given a contact but said it was false.
Clive resigned from UPS on March 11, 2010, and decided to take his employers to a race discrimination tribunal.
Clive represented himself at the Race Discrimination Tribunal hearing, on March 23, 2010, as he thought this was a case he could handle quite easily, but the judge dismissed the case. He said that the judge deliberately dismissed key evidence important to his case.
Commenting on the judge’s decision, he said, “With all the evidence heard the judge was very bias in his conclusions. UPS never bought any evidence to dismiss my claims i.e. the PIP wasnt authorised by the HR department. The highest singled out target of £4000 in the department and all the other documented claims from me were ignored. The judge then wrote a very biased document and even wrote “You’re making a mountain out of a molehill” in one of his sentences. Hence the reason this has gone up to higher courts”
His appeal and case is now waiting a date at the Court of Appeal in London and has been accepted for investigation by The European Commission for Human Rights in Belgium.
You can support Clive by joining his facebook group page, Justice and Racism in 2010.
You can also sign his petition which will be presented to the Lord Chief Justice to review and overturn this judgment