Employer have said I have resigned - I haven't. Urgent help please!

[Titslikepicassos]

I have a loooong thread in AIBU and received excellent support but things have escalated.

Long story short, I went on maternity leave this time last year. I had issues at work throughout my pregnancy, being shouted at and sidelined and told to move locations. Sorted it all out informally.

In March I asked to return to work early from Mat leave due to financial issues caused by lockdown. At this point my boss attempted to move me again, that didn't work and she then went back on the hours she had given me and it messed up my childcare.

I raised a formal grievance and put a flexible working request in at the same time. The company failed to do anything with my request and the grievance process was mismanaged and a data breach occurred in the middle of it, where my grievance letter was upload to a public file and seen by others.

The grievance was upheld in parts but they again tried to move me to a new location which doesnt work due to childcare issues.

I requested mediation with my boss in order to go back to work as I'm still not back 7 months later.

Today the regional director has said that they won't honour mediation and I have now resigned.

My union rep has disappeared and I received this at 16:00 today so couldn't get hold of ACAS.

Any advice would be very welcome!

I would just wait and contact ACAS on Monday but to me it sounds like you are best off leaving and then going to tribunal for unfair dismissal, would you really want to work for them after all this?

Have you been being paid, have you been furloughed or suspended or still on maternity?

Sorry tried to keep it short but missed out loads.

I've already raised a tribunal claim on the back of them not following procedure for flexible working requests. Work are aware of this as it been discussed at length in grievance meetings. They received they ET3 this week.

I've been on paid leave since August while they wound up the grievance.

Did the regional director send you an email today saying you had resigned or was it a phone call. Either way tell whoever it is dealing with your tribunal, more evidence for the case.

original thread

It was an email.

I emailed back saying I haven’t resigned. He’s said it was effective from today. This will mean I can’t claim JSA I believe.

Do you need to put something in writing in order to resign? Like making it formal? Bcos you could ask him to send that to you whilst being very clear you haven’t & don’t want to resign.

I remember the old thread - it gets worse doesn't it.

I would reply stating that you have not resigned, ask why (as a pp said, ask him to send proof), copy this to HR and tell him that you will be taking legal action against them if it is not resolved.

Thats horrendous definitely email back and say you haven't resigned you dont know what has led him to believe this is the case, copy in HR.

Why do they think you've resigned? Because they've got to the end of their process and you are still refusing to work? (in their view I mean?)

I'd email back and clarify if the email was sent in error and then speak to a solicitor /acas on Monday. Call your union direct as they'll know who to refer you to and also may have legal cover included?

I emailed back very quickly saying. I haven't resigned and I am fully prepared to return to work.

HR were already cc'd into the email from him.

OP, which union are you in? I can't remember if you are public sector? If so I am assuming UNISON. Let me know and I will try and point you in the right direction although nothing is likely to happen before Monday.

I'm with GMB and in the private sector - a massive organisation

Thanks for the advice so far!

I've hit the wine, apologies in advance for typos

I can’t be of any help but I really hope you get the advice you need and it works out for you as best as possible at this point 💐

constructive dismissal???? wouldn't you have to give written notice?? No written notice from you no proof?

I haven’t read the previous thread, but I’m afraid I don’t understand the part about needing to return to work early in March due to the financial consequences of lockdown.

Lockdown started on March 23rd.

Thanks all.

It was the end of March I asked to return early, just at the point of lockdown. Family financial issues arose from not being able to internationally travel for work purposes and had a detrimental impact on income. But that's beside the point really.

OP you can claim UC just explain you were dismissed and did not resign.
Put in another SAR for your letter of resignation as this will come back with no evidence of you resigning. You can the show this to DWP.
Speak to ACAS on Monday.

Did they say why they thought you had resigned?

Send them a message quoting the resignation procedure from their employee handbook or your contract and ask them to give you evidence of a resignation from you that complies with that.

Why on earth would they think you've resigned when you clearly haven't?

I'm so sorry this is still going on!

It's a massive leap to say you've resigned!
I'd ask for the evidence you have resigned.

Sometimes not turning up for work can be considered a resignation. With no sick note.