Employer making life VERY difficult.

[Titslikepicassos]

Supposed to be returning from MAT leave in June, have childcare arranged and as a key worker they will still take my baby - excellent.

Had a team meeting with work this week to discuss going back and have been told that I have to relocate as my partner works on the same site as me - which has been known since I informed them we were in a relationship, however the policy changed in October (before I went on MAT leave). While we are on the same site, our jobs are separate and we are working in different buildings, have different managers and different hours. The different hours means I will need to do drop offs and pick ups to coincide with opening and closing hours.

So during the middle of a pandemic, with child care mostly closed I now have to find a new nursery, lose a significant term time deposit and start the settling in process all over again. Not only that, they have told me to find my own employment within the company - my head is exploding with all of this. AIBU to think this is an unnecessary ball ache!

I appreciate that this is a minor problem given the amount of people losing jobs!

[Ringsender2]

@Titslikepicassos

Thanks all,

I've moved over to employment issues with a new thread.

It's still messy but there's been some movement from the company - i think they've realised they've messed up big time

I should hope so!! (Know they've messed up)

[Titslikepicassos]

Thanks all,

I've moved over to employment issues with a new thread.

It's still messy but there's been some movement from the company - i think they've realised they've messed up big time

[Ringsender2]

Hi Tits, I hope you are OK. I read the most recent updates with my mouth open in shock and disbelief. They've taken leave of their senses!!! The only explanation i can think of is that your line manager has hacked the HR email. I truly hope that this has now qualified for defcon 5 with your union and they are representing you properly. Good luck. Xx

[katmarie]

If you have house insurance check if it includes cover for employment law issues. If it does, make a claim and engage an employment solicitor. If not, email your union rep and demand that either he prioritise you, or arrange for someone from union hq take over.

Whatever they reply to your email, just hold the position that you have not resigned and you are willing and ready to come back to work. I'm stunned at their behaviour.

[Tistheseason17]

I persevered with an ET.
Got right up to 3 working days before and they settled.
Stay strong
And. . I was on track to win as HR had clearly been told that if they lie to an ET it is a perjury and they will go to prison. Truth came out and good settlement - did they offer a trial period? They have to.
And don't ever accept the first offer. I advised I would bring National Press to the ET and offer improved 5 fold. Get tax liability for payout built in.
I actually loved my previous employer - it was just this one idiot line manager who dug their heels in and was ptoven to be in the wrong.
Stay patient and strong.

[LadyTiredWinterBottom2]

When HR are as incompetent as they seem to be here, l expect they are doing as they are told rather than taking the lead and advising on the legal position.

[AndromedaDud]

Don't do anything rash OP (in terms of further emails) - if they've reached the point of openly lying about something easily proved, I think they are desperate. Sit back (I know you can't relax) and let them shoot themselves in the foot at the tribunal.

[Margaritatime]

I am so sorry, they have treated you appallingly.
Lodge a second ET1 for unfair dismissal and ask for this to be linked to your original ET1 as it makes sense to do both together.
.

[PrincessForADay]

you submitted a grievance letter not a resignation letter!

You need to push your Union Rep to help you.

I'm so shocked at this

[Titslikepicassos]

Thanks @Wattagoose90 I've already submitted a data request - they've passed the 28 days and asked for a 2 month extension, so I'll get something eventually.

[Wattagoose90]

Wow, they've dug themselves a grave here.

All I can say is look forward to your payout once this reaches tribunal.

I'm sorry, I've not read the entire thread yet, I assume this has already been suggested but if not, under GDPR, request every piece of correspondence that involves you/includes your name. Any emails about your case to and from HR and this gobshite of a manager you have (plus any other persons involved. I wouldn't be surprised if there's something utterly damming in there that can further assist with your case.

If I were you I'd concentrate my efforts on finding a new position elsewhere and preparing your case.

[Titslikepicassos]

But what do I dooooooooo?

I've sent one email saying I haven't resigned not sure how helpful that is

[LakieLady]

Holy shit @Titslikepicassos, they are crazy.

They must have a procedure for dismissal - they clearly haven't followed it.

You clearly haven't resigned. They made it impossible for you to return because your childcare arrangements didn't work with the changed work location, and a process was under way to work through these issues. That process was not completed and you were supposed to be having mediation.

You haven't had any warning process that dismissal was even a possibility.

This really is a complete shitshow.

[Titslikepicassos]

Thank you @MustardMitt

[Titslikepicassos]

@LakieLady

HR know what I want, mediation and a return to work but my line manager doesn't want it. How does she have this sort of power?!

She doesn't, and I don't understand why HR appear to be going along with this. Messing about with people's post-mat leave employment is discriminatory and there have been no end of cases about this.

I wonder if she's got some dirt on somebody higher up the food chain.

Looks like she's won now.

She doesn't have anything on anyone higher up, we've recently gone through a merger.

But she's very difficult and I imagine it's easier to pick me off than deal with her

[MustardMitt]

My god OP. I remember reading your first post in March, I can’t believe it’s got to this stage.

I don’t know what to say other than good luck.

[LakieLady]

HR know what I want, mediation and a return to work but my line manager doesn't want it. How does she have this sort of power?!

She doesn't, and I don't understand why HR appear to be going along with this. Messing about with people's post-mat leave employment is discriminatory and there have been no end of cases about this.

I wonder if she's got some dirt on somebody higher up the food chain.

[Titslikepicassos]

I've started a new thread in employment matters with this thread linked in.

Thank you SO much to everyone who has replied to this thread!

[RandomMess]

Can you start a thread asking for senior HR advice?

See if they have any insight into how they are claiming you have resigned?

Are there any causes in your contract about if you take them to tribunal or don't return to work within x following maternity advice?

I suspect they have royally f*cked up unless someone has forged an email??!

[Cocothefirst]

So sorry op.

[RandomMess]

Email back and ask them to explain how and when you resigned?

[NoSquirrels]

Bloody hell, OP!

Well, if they put it in writing that your employment is terminated then they’ll have to give a reason and show they followed due process... and as they haven’t obviously you’ll win any eventual case but that doesn’t help you much in the meantime.

Poor you.

[Blimeyoreilly2020]

justicedanceson I think is correct in suggesting constructive dismissal - hopefully a legal eagle mumsnetter can give you some more reassurance...I only have my personal experience to gauge it on.

[justicedanceson]

Pressed post too soon...
Hopefully that’s the case for you and you won’t actually have to go to tribunal. Awful!

[justicedanceson]

Crazy! Surely this is constructive dismissal. I had a friend in a similar situation (pre covid) and once the company got legal advice they were told FFS settle, you messed up big time!