Clive Henry Vs UPS Ltd – Race Discrimination Case pending date in the Court of Appeal

Clive Henry vows to fight UPS's unfair treatment of him.

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


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27 Responses to Clive Henry Vs UPS Ltd – Race Discrimination Case pending date in the Court of Appeal

  1. darren handley says:

    It’s a disgrace how we the so called little people of this world can be kept down and our voices not heard, its about time the forces from above start listening to us, in Clive we trust that he paves the way for us, companies should have more respect for the so called little people that slog our guts out to improve our lifes whilst lining their bank accounts, you can’t treat us like this, so Clive I hope some one somewhere sees sense and you win this one brother!!!!

  2. ana says:

    I have know Clive since school and i can honestly say that he was hard working, a good student, and a good friend with complete respect for others. This shocks me to see this report and I feel the need to support him. Being a teenager is the time to see someone’s bad habits or character and I am completely true when I say he was always polite to teachers and supportive of his friends so why would that change when he is a grown man. I have seen Clive over the years and he still remains the same but wiser and mature. It saddens me to see that this has happened to him and I would really would like to know why.

  3. Clive Henry says:

    This battle has been going on for 3 years. What bothers me most is that company rules and national laws have been broken and nobody cares! However, the truth will come out and is no different than what I have put on the internet and inside the case bundle documents used in court. Change comes through sacrifice and if I can do my bit to make this a better world for the future generations I feel I have used my god-given gift in the right way. I have to thank all my supporters for their love to keep me going through some of the darkest days. Things have to change!!!

  4. alex says:

    I was an elected shop steward for four years and always found the company I worked for to be negligent with their procedures. I take offence to the judges comment about Clive making a mountain out of a molehill, as the law clearly states that it is up to the individual to decide if offence has been taken and not up to the perpertrator. I hope that you stay the course Clive and I am sure that you will win your case. God bless.

  5. Clive Henry says:

    Alex, thank you for your comment. It’s been 3 years of hell but has made me realise if I dont do something as a model worker, that did everything and more; the next generation doesn’t have a chance. This case isn’t word of mouth. Eveything is documented and was ignored at tribunal level. So now I have taken this up two levels and I’m prepared to go as far as taking this anywhere it needs to go. Equality on paper means nothing if the law doesnt enforce it!!

  6. Angela says:

    Clive,

    It gives me great pleasure in seeing a man continue to strive for justice. Just because a hurdle is placed in front of us doesn’t mean we should take a fall and remain on the ground. The spirit to continue on and strive for the truth and more importantly ensuring other companies believe that just because they are conglomerates, that they can treat their employees any which way they choose and get away with it. You know I’m totally behind you ever since this fiasco started. “The truth shall prevail”

  7. Clive Henry says:

    Thank you Angela. People like you have given me the love and support to see me through my darkest days. I’ve been through every emotional roller coaster there is during this time but I pray to God to see me through this.

  8. Renita says:

    ‘Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.”

    This was posted by a friend today. It could not be more appropriate. I’ll be spreading the word.

  9. Clive Henry says:

    Thanks Renita!

    Equality on paper is nothing if it isnt enforced by the courts.

    You’re right. A few have to stick our necks out for change. Brave or stupid I’m going all the way so others dont have to go through this evil that men do!!

  10. Glenn says:

    Since I became acquainted with the details of your case. I have been astounded by the lack of conscience shown by UPS and that of the Judge. That an employee with a good attendance and performance record should be treated in such a manner is appalling.

    That the tribunal Judge Should ignore evidence and then go on to belittle Mr Henry, downright deplorable. His conduct in this matter deserves severe scrutiny. To me the whole thing wreaks of a cover up.

    I hope and pray the the truth will out and those that are at fault feel the brunt of “real” law.

    My thoughts and support are with you Clive.

  11. Clive Henry says:

    Thanks Glenn ….Nail on the head!!

  12. Clive Henry says:

    The story is in this weeks paper 22 Sep 2011. Please View page 3 of The Voice Newspaper when you get a chance!!! God is slow but sure!!!

  13. It is sad that racism still exists in some countries of the world, In this case is seen to be only that, the skin color.

    I know Clive is a sweet, intelligent and God-fearing, I think that says it all.

    Many hope that this mistake will be over and that justice and Clive win

    We are waiting.

  14. Kisha Jackson says:

    Clive civil rights are so often violated – how refreshing to see you use your voice!

    May God bless you

  15. Cory Wilson says:

    Clive

    I know you well and know your work ethics. The background we know and the judge’s comments” you’re making a mountain out of a mole hill”
    So many us are willing you to follow this thorough to the end.

    Like the saying goes: “the bigger you are, the harder you fall”

    We’re with you and following you.

  16. Clive Henry says:

    Thank you for all your support!

  17. Clive Henry says:

    Thank you all for your love and support.

    This story is now in America.

    Please follow http://www.hinterlandgazette.com

  18. Syca Ashraf says:

    This is absolutely horrendous, Clive, I hope you can get the justice you deserve, keep going, stay strong, hold your head up high. Racism is endemic and we have to fight it.

    Thinking of you, and bless you.

  19. Clive Henry says:

    Dear Sir/Madam,

    Please can you sign, share and forward this petition?

    Looking at Miscarriages of justice

    Responsible department: Ministry of Justice

    Overturn court judgements where documented evidence shows clearly that a wrong decision is made by a judge and a miscarriage of justice has occurred.

    Here is the petition link. I need 100,000 UK citizen signatures. http://epetitions.direct.gov.uk/petitions/21873 or search Facebook – Looking at miscarriages of justice

    Please search Google for my news story: No special delivery the voice

    Or follow the story links: http://www.voice-online.co.uk/article/no-special-delivery or http://www.theafronews.eu/community/black-worker-accuses-ups-of-racial-discrimination

    Best regards,

    Clive Henry

    Twitter: @clivehenry1
    Email: clivehenry1@sky.com
    Facebook Group: Justice and racism in 2010

    There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts. Mohandas Gandhi

  20. Joy says:

    Good luck Clive in your struggle for justice. The wait might be long but truth always wins in the end. Keep fighting with renewed strength!

  21. BB says:

    Hi Clive, sorry to hear what UPS are doing or have done to you I know exactly what your talking about my husband works for them at the moment and they have put our family through hell these last few years but my husband is a strong man and fights them on very issue. It all starting when he had an accident at work, he called them and was told get on with your work, years later he has been left disabled and they refuse to put reasonable adjustments in place for him. UPS think they are above the law but it takes people like yourself and my husband to show them regardless of who and how big they are. He also is taking them to court, as there is issues with disability discrimination act on their part you have my email if you need further info

  22. Clive Henry says:

    http://www.youtube.com/watch?v=wkpumE2NcgU – My live video interview on The Dr. Vibe Show. In-depth talk about the UPS racism scandal. Case now open in The European Court of Human Rights or Google: Clive Henry UPS

  23. Pingback: A REAL B MOMENT:UPS BEING PINPOINTED FOR RACIAL DISCRIMINATION | breadmedia.tv

  24. Jade Simpson says:

    With all due respect Mr. Clive Sir, This is not racism, yes Im black myself so you cant claim my comment is ‘bias’. If people like you are pulling the race card for every CRITICISM you recieve, when racism actually happens no-one will care.

    Jade
    17, Law student at Sixthform College, Colchester

  25. Charlotte says:

    Hi Clive
    I really sympathise with your situation. I am also representing myself in an up and coming tribunal case for race discrimination victimisation and bullying. I do believe it is hard to prove race discrimination which is contrary to the McPhearson report but you have to stand your ground and believe in what you are fighting for.

  26. quietlyhap says:

    Jade, I’m not sure it’s for you to tell another person how YOU feel they have been treated. What does that achieve? Sometimes, it’s not what is said, it’s the way in which it was said..

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