Racial discrimination - can you help us anyone???

[stuck]

I think DH is being racially discriminated against at work and has reached the end of his tether.

In brief he has been doing a managerial role for his company for the last 4 years but has never been paid at a managerial level although has been promised this many times. This month the company are restructuring and bringing in 3 new managers with less responsibility than he has who are being paid 7 grand more than him. Again he was promised to be brought up to pay level of other managers but he has just been told he will not get it. He has asked for the criteria behind the decision and Chief Exec said 'i don't have to tell you.' He is the only non-British non-white person of all the managers and he can see no other reason for his treatment
After 4 years he has run out of patience and is now planning to take action.

My questions are: has anyone been through anything like this (I mean a legal battle with their employer) but kept their job?

And can he still claim that it's discrimination if there is one other (white female manager) who is also paid less than the others? (although more than him)

Please please advise if you know anything. This has gutted him.

Hi Stuck, your dh is clearly being treated appallingly and it does sound as if he is being discriminated as his employer have not given him a reasonable explanation for the situation. You can pursue a claim of racial discrimination and remain in your job, however, would he still want to? If he does present a claim and remain working there I imagine his employer will treat him even less favourably than they are now. The white female manager is still paid more than him so he there is still a potential case there.

If he does want to pursue a case I would recommend that he contacts the racial advisory council for advice and guidance. In the first instance I would advise that he writes a letter to his employer explaining that he is upset and disappointed with the situation and request an explanation, ask what he needs to do in order to be brought up to the level of the higher paid managers, at this stage I would not mention racial discrimination as his managers are likely to get defensive. If he does not receive a satisfactory response I would advise that he takes the more formal approach of submitting a formal grievance setting out the reasons why he feels he has been discriminated against and treated unfairly.

Good luck!

thanks Reethi. To answer your question -no he wouldn't want to stay there but we are concered that he will find it very difficult to find another job with his not being English. He kind of worked his way up through the ranks in this one (hence never being paid at the level he's working at).

Have to go and feed my dss but I'm so grateful for your answer.

Get your dh to go to his local CAB who will go through the criteria and process for bringing a claim for racial discrimination.