Grievance againt My boss

[ola1]

Please help me with advice and is there any possibility for me to Win the case in employment tribunal?

I am a parking attendant officer In Uk, I have worked over two year under the supervision of the same contract manager for a council.

I am married with two children and within the January 2011 to June 2011 I have taking two time off for dependancy at interval of three month.

Sometime in June I lost my brother in Africa which required me to flight to Africa the morning following the night I lost my brother, but My wife help me to call my line manager to notify him of the incident which is in line with my company absence procedure. When I got to Nigeria I also call my line manager, but to my surprise that I was only granted three days compassionate leave out of the five days I spend in Africa.


Within the same month I and another colleague was sent on bike training (CBT) but a week later my colleague was promoted to be a bike parking attendant and I was subjected to go for the next stage to get a full Uk bike license which is the theory test before i can be promoted as a bike parking attendance. I went for the theory test and passed.

Now the problem is :
My contract manager said my supervisor should have a meeting with me and confirm to me that my attendance has being poor within the last six month, so this has call for informal meeting because this has reach the first trigger point of the attendant procedure.

Please is time off for dependance count and recorded as authorised or unauthorised absence?

Now my contract manager has made a decision around my absence not to promote me as a bike parking attendance.

Please note that the attendance where in place before I went for the bike training and the theory test.

I have written grievance against my contract manager stating that if my attendance will be a penalty for me not to be promoted why has he not review it before putting me through the bike promotion process?

And should time off for dependance form part of his decision to penalise me to promoted from foot parking attendance to bike parking attendance, after going through the practical and the theory process?


I have also included his discriminated act breach confidentiality when my spouse visa was running to expired and had to say in an open office that tell (for example my name to be Jide that he will not have this job in few weeks to come.

And on the day my line manager gave him my passport with ILR stamp in it,
my contract manager took my passport to the Florescent light and put it up for a check procedure in an open office with a facility a meeting room.

I have seen this as a breach confidentiality and discrimination, could he have put my passport to the light in an open office where there is a facility of a meeting room if I am a British passport holder?


An investigation out come has confirm to me from HR that there is no breach of confidentiality, discrimination, equality/ Diversity and equal opportunities at work within my contract manager's decision to promote me and by putting my passport to the light in an open plan office form part of the procedural check of passport.


Please can someone who have a wide knowledge of the Uk employment law advice me the possibility of winning the case if I appeal against the HR decision and the likely possibly of winning it in employment tribunal if HR stood grand of their decision?

Thanking you for possible support.

[mulderpf]

I think you need to stand back and look at the situation first. You are clearly very upset, but let's look at the facts.

You claim that you weren't promoted because of poor attendance. Attendance is one of many factors that make up performance (whether or not the attendance was authorised or unauthorised). You might feel as if the time off was authorised so that can't "hold that against you". If my employer gave me a year's leave, there is no way that I could then expect them to give me a promotion when I wasn't there for a year, despite the leave being authorised. Your lack of promotion is performance related, not discriminatory (discrimination is when you are denied an opportunity because of your sex, race, disability, religion or sexual orientation).

As for your employer checking your passport, there's again no breach of confidentiality there. So now your co-worker may know that you have a passport (a legal one at that) - how does that breach confidentiality? How is that discriminatory? Your employer has a right and a duty to ensure that you are legally authorised to work for them and do the appropriate document checks (see preventing illegal working. Just because your employer asked for your passport and wanted to verify it as being valid, does not mean that you were discriminated against.

I really think you need to look at your situation again and really think about your claims. You claim discrimination in promotion, but you say clearly your lack of promotion was due to your attendance record (that's not discrimination). You claim breach of confidentiality, but all that "came to light" was the fact that you had a passport.

To be honest, you are definitely not making life easier for yourself. You are probably already seen as a trouble-maker due to making these claims and by going to a tribunal, you will just make things even harder for yourself. Maybe you should just work and prove yourself to be reliable this year in terms of your attendance and work as hard as you can to earn the promotion, rather than simply demanding one because your employer checked if your passport was fake or not.

It's easy to hide behind the "discrimination-curtain" when things don't go your way. Just because something is unfair, doesn't make it discrimination. Pick yourself up, work hard and prove that you deserve that promotion...

[ola1]

Thanks for response,
I not upset about anything here but. Please note this with the employment law. It state and I quote». It's unfair to refuse you reasonable time off to deal with an unexpected event involving a dependant. It's also unfair to dismiss or penalise you, eg not giving you promotion or training.

If you are dismissed, made redundant or penalised because of the right, or if you are refused reasonable time off, you can complain to an Employment Tribunal. If your complaint is successful they may make an order for you to receive compensation, be re-employed or re-instated..

Please is this part of employment law applicable to me? If NO, can u please explain?

[mulderpf]

I suggest you read this which explains what reasonable means and the difference between time off for dependants (and how to deal with it) and compassionate leave.

[ola1]

Thanks for ur time and the link, after careful study of this Employment Law through this ling provided by you I realise that those short time taken off to attend the unforeseen circumstance/dependant appear to legitimate. Do u think I have a grand of appeal?