Employment law question

Nickee67 · 2026-03-11T07:32:02+00:00

Had to resign to flee DV from a colleague- matter is under investigation (with my former organisation) prompted by police involvement. I would like to return to the organisation at a later date once the matters are concluded. Would that create any issues from an employer point of view? I initiated early reconciliation with ACAS but would not want to take to tribunal because I feel it would completely destroy the relationship with my former employer and any prospective of me returning. I don't know- any advice appreciated! Thanks

Original poster

Nickee67 · 13/03/2026 12:00

DeftWasp · 11/03/2026 09:23

Its not an issue for the employer per se - but if I was your employer and your former partner / abuser was still in my employ I would not entertain letting you return to my employ, for fear of an unhappy situation developing.

If he had left, there would be no issue I can think of - but as you resigned, that's a clean break, they owe you nothing and would not be obliged to re-hire you.

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Ok that makes sense so if for some reason the other party was no longer employed, as an employer you would have less hesitation to re employ or rehire (through normal application procedures of course)

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Brightlittlecanary · 11/03/2026 13:28

Nickee67 · 11/03/2026 11:52

i think dv is complicated due to the internal processes that happen plus the fear...plus also understanding comes later sometimes...so reporting becomes delayed but you're right that other people are better placed to report the abuse to than employers unless it's for safety etc

re: duty of care in workplace, unfortunately he threatened to expose me to his senior work colleagues, isolated me from work colleagues and spread rumours about me at work which forms part of how the workplace became entangled, and how I found myself not having any refuge from the abuse at work or at home - where most people can use work to escape home life, I could not.

in any case I can apply as normal as most people have alluded to so that gives me some reassurance & it's a huge organisation so chance we could never meet...anyway having a personal work relationship is not something I'm keen to repeat lesson learnt

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It does sound awful but again your employer wasn’t involved and was unaware, so can’t be held accountable, there is no need for ec with them, or any place for one with them

just apply for any jobs that you see you wish, I’d really not be explaining at interview you had a relationship with a colleague that went wrong, I’d find a reason to say why you’d left. Like caring responsibilities etc, an interview is not the place to discuss personal issues.

Original poster

Nickee67 · 11/03/2026 11:52

Brightlittlecanary · 11/03/2026 11:15

Then how does an ec process involve them.

they won’t blacklist you, you simply resigned, you can re apply. But trying to make it their fault when they didn’t know and you simply resigned, due to your personal relationship won’t work.

you appear to think as he also worked there they had a duty to protect you from dv at home, they didn’t. They had a duty in the workplace but not if they don’t know.

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i think dv is complicated due to the internal processes that happen plus the fear...plus also understanding comes later sometimes...so reporting becomes delayed but you're right that other people are better placed to report the abuse to than employers unless it's for safety etc

re: duty of care in workplace, unfortunately he threatened to expose me to his senior work colleagues, isolated me from work colleagues and spread rumours about me at work which forms part of how the workplace became entangled, and how I found myself not having any refuge from the abuse at work or at home - where most people can use work to escape home life, I could not.

in any case I can apply as normal as most people have alluded to so that gives me some reassurance & it's a huge organisation so chance we could never meet...anyway having a personal work relationship is not something I'm keen to repeat lesson learnt

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Brightlittlecanary · 11/03/2026 11:15

Nickee67 · 11/03/2026 08:43

victimisation (from him not the employer)

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Then how does an ec process involve them.

they won’t blacklist you, you simply resigned, you can re apply. But trying to make it their fault when they didn’t know and you simply resigned, due to your personal relationship won’t work.

you appear to think as he also worked there they had a duty to protect you from dv at home, they didn’t. They had a duty in the workplace but not if they don’t know.

Original poster

Nickee67 · 11/03/2026 11:02

Catcatcatcatcat · 11/03/2026 08:48

I think you are talking about an NHS Trust?

There is nothing to stop you from applying for NHS jobs in future, although personally I’d probably try to avoid the Trust you worked for.

yes nhs as it's a large multi site trust i was thinking different location away from former colleague might be doable but will see

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DeftWasp · 11/03/2026 09:23

Nickee67 · 11/03/2026 08:02

my ex-colleague who was the abuser was the one who was preventing me from reporting to the organisation through intimidation - so the organisation did not know until after I resigned and was safe. I only disclosed to the organisation after I had resigned due to the threats etc

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Its not an issue for the employer per se - but if I was your employer and your former partner / abuser was still in my employ I would not entertain letting you return to my employ, for fear of an unhappy situation developing.

If he had left, there would be no issue I can think of - but as you resigned, that's a clean break, they owe you nothing and would not be obliged to re-hire you.

Original poster

Nickee67 · 11/03/2026 09:13

Brightlittlecanary · 11/03/2026 08:21

Op, you need to seperate your personal life from work

you have resigned, it is no difference to any other resignation. You can apply for roles , you won’t be precluded, but it will be normal process and the best person gets the job.

you are positioning it like the employer is at fault as your colleague was a bison you. The correct position is your partner was abusing you, the fact he as your partner is the dominant issue here.

you can of course call gnem and speak to them.

that's true thank you - i was precisely worried about preclusion or blacklisting in a sense but you're right always good to have other perspectives than your own

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ExtraOnions · 11/03/2026 08:50

Nickee67 · 11/03/2026 08:42

I emailed HR and the freedom to speak up guardian a few days before I resigned or a week or so before and they emailed back so I said like please can I raise something in the email...didn't say what then when they asked me what about I backed off...i guess i was concerned the organisation would not believe me for many reasons one of which was his seniority

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You have made an assumption about the organisation, without giving them the opportunity to do anything. As an employer they have done nothing wrong in this situation.

Catcatcatcatcat · 11/03/2026 08:48

I think you are talking about an NHS Trust?

There is nothing to stop you from applying for NHS jobs in future, although personally I’d probably try to avoid the Trust you worked for.

Original poster

Nickee67 · 11/03/2026 08:46

whatthehelldowecare · 11/03/2026 08:39

Im an employment lawyer, this will go nowhere. They are under no obligation to give you your job back but you can absolutely apply in the future. Would be worth a chat to HR, but again, there is nothing requiring them to help you out

ok great thank you just wanted to test out HR's receptivity to future employment opportunities afraid of blacklisting - but will not pursue further I think - thank you

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Original poster

Nickee67 · 11/03/2026 08:44

KittyStanton · 11/03/2026 08:41

I just read a very similar post on Reddit.

does your employer have a DV policy?

yes maybe that was me- they do I believe

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Original poster

Nickee67 · 11/03/2026 08:43

Catcatcatcatcat · 11/03/2026 08:22

On what grounds have you lodged your EC claim?

victimisation (from him not the employer)

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Original poster

Nickee67 · 11/03/2026 08:42

MrsBennetsPoorNervesAreBack · 11/03/2026 08:37

That's not really what ACAS is for, and you should have perhaps raised a grievance against your ex after resigning.

However, I'm still a bit confused because you say that you didn't tell the organisation but you also mentioned that you emailed HR about the situation. So it still isn't very clear to me as to whether your organisation knew or not?

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I emailed HR and the freedom to speak up guardian a few days before I resigned or a week or so before and they emailed back so I said like please can I raise something in the email...didn't say what then when they asked me what about I backed off...i guess i was concerned the organisation would not believe me for many reasons one of which was his seniority

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KittyStanton · 11/03/2026 08:41

I just read a very similar post on Reddit.

does your employer have a DV policy?

whatthehelldowecare · 11/03/2026 08:39

Im an employment lawyer, this will go nowhere. They are under no obligation to give you your job back but you can absolutely apply in the future. Would be worth a chat to HR, but again, there is nothing requiring them to help you out

MrsBennetsPoorNervesAreBack · 11/03/2026 08:37

Nickee67 · 11/03/2026 08:33

yeah good question- so we were co workers essentially

my thinking at the time of contacting ACAS was because I was an ex employee they really did not have to look into any issues I raised. So I thought acas would help me get them to look into the concerns.

For back ground, the abuse started privately and went into work because we worked in same office- and because he was bullying me at work I couldn't do my job properly and couldn't tell anyone as he was more senior.

I tried to raise the issue with freedom to speak up and HR before I resigned and sent emails but thought no one would believe me as a junior staff so I just resigned.

I guess after I resigned I wanted my former employer to look into the concerns, not because they were at fault, but because there was abuse from their current employee - which has ended up being a criminal investigation anyway no so they are having to look into it ---long story but that's the summary of it

Edited

That's not really what ACAS is for, and you should have perhaps raised a grievance against your ex after resigning.

However, I'm still a bit confused because you say that you didn't tell the organisation but you also mentioned that you emailed HR about the situation. So it still isn't very clear to me as to whether your organisation knew or not?

Original poster

Nickee67 · 11/03/2026 08:33

yeah good question- so we were co workers essentially

my thinking at the time of contacting ACAS was because I was an ex employee they really did not have to look into any issues I raised. So I thought acas would help me get them to look into the concerns.

For back ground, the abuse started privately and went into work because we worked in same office- and because he was bullying me at work I couldn't do my job properly and couldn't tell anyone as he was more senior.

I tried to raise the issue with freedom to speak up and HR before I resigned and sent emails but thought no one would believe me as a junior staff so I just resigned.

I guess after I resigned I wanted my former employer to look into the concerns, not because they were at fault, but because there was abuse from their current employee - which has ended up being a criminal investigation anyway no so they are having to look into it ---long story but that's the summary of it

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Brightlittlecanary · 11/03/2026 08:23

MrsBennetsPoorNervesAreBack · 11/03/2026 08:17

Oh ok. Sorry, I'm still confused though. If your employer didn't know, why exactly did you initiate the early conciliation process?

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Im also confused on this, your employer was not aware and it was your partner, how is the company at fault?

Catcatcatcatcat · 11/03/2026 08:22

On what grounds have you lodged your EC claim?

Brightlittlecanary · 11/03/2026 08:21

Op, you need to seperate your personal life from work

you have resigned, it is no difference to any other resignation. You can apply for roles , you won’t be precluded, but it will be normal process and the best person gets the job.

you are positioning it like the employer is at fault as your colleague was a bison you. The correct position is your partner was abusing you, the fact he as your partner is the dominant issue here.

you can of course call gnem and speak to them.

MrsBennetsPoorNervesAreBack · 11/03/2026 08:17

Nickee67 · 11/03/2026 08:02

my ex-colleague who was the abuser was the one who was preventing me from reporting to the organisation through intimidation - so the organisation did not know until after I resigned and was safe. I only disclosed to the organisation after I had resigned due to the threats etc

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Oh ok. Sorry, I'm still confused though. If your employer didn't know, why exactly did you initiate the early conciliation process?

ExtraOnions · 11/03/2026 08:03

You have resigned, they are under no (legal) obligation to take you back. They.cannot stop you from applying though.

This would not go anywhere at Tribunal. Firstly the DV was at home, abc nothing to do with your employer. Secondly, you didn’t raise a grievence whilst you were there, so have not tried to resolve using internal processes.

Original poster

Nickee67 · 11/03/2026 08:02

MrsBennetsPoorNervesAreBack · 11/03/2026 07:57

If they knew that your partner was violent towards you and sought to prevent you from reporting that, would you actually want to go back to that kind of environment anyway?

my ex-colleague who was the abuser was the one who was preventing me from reporting to the organisation through intimidation - so the organisation did not know until after I resigned and was safe. I only disclosed to the organisation after I had resigned due to the threats etc

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MrsBennetsPoorNervesAreBack · 11/03/2026 07:57

If they knew that your partner was violent towards you and sought to prevent you from reporting that, would you actually want to go back to that kind of environment anyway?

Original poster

Nickee67 · 11/03/2026 07:53

EvangelineTheNightStar · 11/03/2026 07:42

And also you say you resigned but would like to return, am assuming you’d have to apply if a post came up? Is that what you mean by contacting ACAS? If they dont offer another job?

yes I'm wondering if because I resigned to get away from the abuse if my former employer would be preclude me from applying due to what has happened or if I can apply freely - or if I can informally discuss with my former HR about returning there at a later point with their support- if that is a reasonable request given the circumstances of my resignation

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