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Help! Resigning after mat leave with problems

(14 Posts)
Nellysgirl Fri 06-Jun-14 22:14:44

Sorry for thread title! However i would really appreciate some guidance and advice.
I was working for a family run business and fell pregnant. Prior to this no problems, however following my announcement i encounter a few issues which may or may not amount to bullying and i felt too uncomfortable and emotional to continue working there. I was upset and doctor signed me off up till my maternity leave date due to stress.
I have not since been in any contact with the company except for the standard mat pay i was receiving. this has now finished. i feel now is the time to pluck up the courage to make contact via a resignation letter.
in my heart i would like to write a light hearted letter ignoring the issues and move on amicably.
However, my head tells me i need to reference the issues and highlight that i will not return as i am too uncomfortable. Reason being that contractually i am restricted from working for a competitor or setting up myself in competition . I don't want them to be able to come after me legally if i choose to do either; but i don't want to drag it all up unless absolutely necessary!
My question is what would you do? sad

FunkyBoldRibena Fri 06-Jun-14 22:16:38

Resign with grace and wish them well. Nothing good will come of venting your spleen at them.

Nellysgirl Sat 07-Jun-14 09:40:09

Thanks that's definitely how I feel but I don't want them to come after me if I get a new job xx

HappyAsASandboy Sat 07-Jun-14 09:42:20

what do you mean by "come after" you?

FunkyBoldRibena Sat 07-Jun-14 09:44:30

Yes, what do you mean 'come after you'? If you mean about a new job, then by venting at them, they are more likely to come after you. Resign quietly and gracefully and make no scene and you will drop off the radar.

HappyAsASandboy Sat 07-Jun-14 09:45:08

I would imagine that you will be bound by your contract with regard to working for competitors or setting up in competition.

Including allegations of bullying in a resignation letter won't change that.

FunkyBoldRibena Sat 07-Jun-14 09:54:33

What is the wording of your exclusion clause by the way? Is it enforceable? Many aren't...

LadyNexus Sat 07-Jun-14 09:56:51

Do you have to pay back maternity pay if you leave in the 12 months after maternity leave?

I know my old company did that, a poor woman had to work out a year when she didn't want to.

LoveBeingInTheSun Sat 07-Jun-14 09:58:21

You really need advice on the contract try the employment section some amazing he nods there

Nellysgirl Sat 07-Jun-14 10:03:36

Sorry I wasn't exactly clear. They have caused a big fuss for others that have moved to the competitors and I don't want them to be able to do that to me so I wasn't sure if it would cover my back legally as to say I didn't feel I could return to their company. I was in a position to be able to take them to court etc but chose not to but I want to be able to work where I wish. My contract states that I cannot set up in competition or work for a competitor for a year. Does that count if I've been off for a year on sick/mat leave?

Nellysgirl Sat 07-Jun-14 10:04:15

Ps no I don't think you have to repay statutory mat pay

Unexpected Sat 07-Jun-14 12:26:11

Writing to tell them you cannot return because of how they have treated you will not protect you from them potentially suing you if you go to work for a competitor. Obviously, you have been badly treated there but if it was as easy as just writing to your employer everyone with a non-competition clause in their contract would do the same?

Nellysgirl Sat 07-Jun-14 13:59:15

Thank you that's actually a really good point x

FunkyBoldRibena Sat 07-Jun-14 14:03:31

So what is the actual clause? It has to be reasonable to be enforceable.

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