A colleague of mine, who has been working for 6 years at the same company hasn't been given a reasonable promotion. He is algerian by birth. Does he have a case against the company where I work. The company has no ethnic minorities in "inspector" roles in the company, where the work force is 70 per- cent non english and where 80 percent of our customers are non english/ non british. The company is also not paying him a pay rise they have given to others throughout the workforce. What can he do in either situation? What is the law regarding companies that behave in this way.
discrimination - promotion
- Thread starter muser
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Termite Man
zombie flesh eater
Length of service does not mean automatic promotion or pay rises . Can you give us more background on how capable he is to do the job and how hard he works compared to others in the workforce then it will become more clear if he's being discriminated aginst or whether hes a lazy workshy bastard 
another idea
He may also wish to use a tool called a race discrimination questionnaire. This is a method by which an employer should answer questions about how decisions were made, must identify how many workers are of different ethnic origin and of those what percentage have been given pay rises etc. The usefulness of these questionnaires obviously depends on asking the right questions! one way of thinking of these (and getting a form/and learning how to use one) is looking at the Commission for Racial Equality website. BTW a good way to think of the right questions is to identify those questions that would make the HR/ or manager squirm.
Sending one of these questionaires obviously ups the ante, as the employer should respond in, i think, eight weeks. if they do not then their failure can help with a tribunal claim.
another option would be to begin an internal greivance that he is being discriminated against on the grounds of his race.
He may also wish to use a tool called a race discrimination questionnaire. This is a method by which an employer should answer questions about how decisions were made, must identify how many workers are of different ethnic origin and of those what percentage have been given pay rises etc. The usefulness of these questionnaires obviously depends on asking the right questions! one way of thinking of these (and getting a form/and learning how to use one) is looking at the Commission for Racial Equality website. BTW a good way to think of the right questions is to identify those questions that would make the HR/ or manager squirm.
Sending one of these questionaires obviously ups the ante, as the employer should respond in, i think, eight weeks. if they do not then their failure can help with a tribunal claim.
another option would be to begin an internal greivance that he is being discriminated against on the grounds of his race.
Not unless there's some convincing evidence you've not posted.
Soul On Ice
Well-Known Member
Too tired to post a detailed repsonse to this question but here's some pointers.
1. Join a trade union - this is exactly the type of issue an experienced union rep like belboid or full time officer can give you advice on. It will be tailored to the specific circumstances rather than the general advice that is the best that can be given on a message board.
2. The CRE website gives details of the law about complaints against employers. Here's a link:
http://www.cre.gov.uk/legal/complaint_employer.html
3. Before submitting any ET complaint a greivance will need to be submitted.
4. Any grievance must be submitted withoin 3 months of "the date of the act complained of" otherwise you are likely to lose the right to bring an ET claim. Once the grievance has been submitted you have a further 3 months in which to lodge an ET claim.
5. The CRE website also gives detials about the questionnaire porocess (using an RR65 form) that trouble posted about. The law says that en ET can "draw an adverse inference from an evasive or equivocal response" to such a questionnaire
http://www.urban75.net/vbulletin/showthread.php?t=143566
6. Oh yeah and did I say, join a trade union.
Edited to correct some typos
1. Join a trade union - this is exactly the type of issue an experienced union rep like belboid or full time officer can give you advice on. It will be tailored to the specific circumstances rather than the general advice that is the best that can be given on a message board.
2. The CRE website gives details of the law about complaints against employers. Here's a link:
http://www.cre.gov.uk/legal/complaint_employer.html
3. Before submitting any ET complaint a greivance will need to be submitted.
4. Any grievance must be submitted withoin 3 months of "the date of the act complained of" otherwise you are likely to lose the right to bring an ET claim. Once the grievance has been submitted you have a further 3 months in which to lodge an ET claim.
5. The CRE website also gives detials about the questionnaire porocess (using an RR65 form) that trouble posted about. The law says that en ET can "draw an adverse inference from an evasive or equivocal response" to such a questionnaire
http://www.urban75.net/vbulletin/showthread.php?t=143566
6. Oh yeah and did I say, join a trade union.
Edited to correct some typos
j.w. Gilmore
New Member
Savage Henry said:Length of service does not mean automatic promotion or pay rises . Can you give us more background on how capable he is to do the job and how hard he works compared to others in the workforce then it will become more clear if he's being discriminated aginst or whether hes a lazy workshy bastard
That would be easy to say if there were other ethnic minorities (actually the majority at that company) who were inspectors. But the fact is there are none. They are 70 percent of the people and there are none. That is a big elephant in the room
j.w. Gilmore
New Member
I think that there is a clear case when you look at the make up of the staff. It might be good to get Human Services or the equivalent there (I am in Central America but from the U.S.) to put together what is called a multi-cultural, diversity committee to explore just such issues.
belboid
Exasperated, not angry.
that would be an unfair dismissal, and he could (almost) definitely sue the hell out of the company.jæd said:
As Soul on Ice said above, there is far too little info here to make any kind of judgement on, but do do do get a union involved - it does sound like the kinda case we absolutely love.
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