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Original poster

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

999 replies

Titslikepicassos · 06/11/2020 18:25

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!

OP posts:
ManxiousCat · 12/11/2020 15:55

They haven't consulted their Solicitors beforehand ? Are they really that incompetent ? Words fail me....

Original poster
Titslikepicassos · 12/11/2020 16:00

That's what they've said, but I'm not sure whether it's true or not.

More than likely they've pulled all the evidence together, realised they've fucked up in the extreme and the one component person in the company has pointed this out.

OP posts:
IRunLikeJoeBiden · 12/11/2020 16:02

Can your union's legal team now advise you as a matter of urgency in terms of what you can expect to receive?

Squiffany · 12/11/2020 16:07

Do not reply to them without legal and financial advice OP.

Also, before they lock you out of emails etc...make sure you forward everything you need to another email.

Don’t let the bastards get away with this appalling behaviour.

RandomMess · 12/11/2020 16:07

I would ask for what was said in that phone call to be put in writing....

I would seriously consider asking for your job back and your bullying manager that has caused all of this to be moved elsewhere and compensation for the stress and detriment of Mat Leave and also for your flexible working request to be properly considered as it based on the hours you were asked to do...

It is not going to be way to get a new job in the current climate... how much compensation can you realistically ask for - a few years as t could take quite some time to find a job!!

Bluntness100 · 12/11/2020 16:08

They don’t have in house lawyers? So they use outside counsel? I’m surprised at that. I can’t believe anyone is stupid enough to fire someone like this without taking legal advise. I wonder if they are panicking.

I’d respond and say I want my job back but I’d wait and see what the union lawyers say. I’d also say you are currently in discussion with legal counsel on the legality of your contract termination and will revert in due course.

What worries me is if you say I want a years salary or whatever they will take it as your agreement you’ve resigned.

Original poster
Titslikepicassos · 12/11/2020 16:09

@IRunLikeJoeBiden

Can your union's legal team now advise you as a matter of urgency in terms of what you can expect to receive?
I've messaged him and emailed the legal bods with the update. They seem keen to have some sort of answer before Monday as that is when they'll need to instruct a solicitor
OP posts:
TerribleCustomerCervix · 12/11/2020 16:12

More than likely they've pulled all the evidence together, realised they've fucked up in the extreme and the one component person in the company has pointed this out.

Couldn’t happen to a nicer bunch of people.

I hope their shitting themselves.

titchy · 12/11/2020 16:12

Looks like they want you out and will pay you to leave with a compromise agreement Sad

So. They are legally now obliged to pay a solicitor of your choosing(reasonable costs - two hours?) to check the compromise agreement. You need to get a reference wording agreed, and come up with an amount. The amount will be based on the amount of time it would reasonably be expected for you to get a similar job. If you're flipping burgers in non-covid time then a matter of weeks. If you're very specialised, you could argue for a years salary plus. Six months might be the right ball park?

Bluntness100 · 12/11/2020 16:12

They seem keen to have some sort of answer before Monday as that is when they'll need to instruct a solicitor

Tough shit for them. It’s not your job to help them out.

Original poster
Titslikepicassos · 12/11/2020 16:13

@Squiffany

Do not reply to them without legal and financial advice OP.

Also, before they lock you out of emails etc...make sure you forward everything you need to another email.

Don’t let the bastards get away with this appalling behaviour.

I said I needed to speak to my union rep before I could consider anything.

Emails etc all transferred

OP posts:
titchy · 12/11/2020 16:14

What worries me is if you say I want a years salary or whatever they will take it as your agreement you’ve resigned

Realistically she cannot force them to take her back. A tribunal would not do that. The best she can hope for realistically is cold hard cash. Tax free if they swing it as a redundancy settlement.

ManxiousCat · 12/11/2020 16:14

What Bluntness said, let them dance to your tune now.

What a fuckfest of incompetence

Original poster
Titslikepicassos · 12/11/2020 16:15

@RandomMess

I would ask for what was said in that phone call to be put in writing....

I would seriously consider asking for your job back and your bullying manager that has caused all of this to be moved elsewhere and compensation for the stress and detriment of Mat Leave and also for your flexible working request to be properly considered as it based on the hours you were asked to do...

It is not going to be way to get a new job in the current climate... how much compensation can you realistically ask for - a few years as t could take quite some time to find a job!!

Tempting as it is, I think hell would freeze over before they went after my line manager for anything. The only reason it has got this far is because everyone is terrified of her.
OP posts:
StandWithYou · 12/11/2020 16:15

Their timetable isn’t your problem. Don’t be jumped into doing something, take your time, consider your options and talk to the Union legal team.

Bluntness100 · 12/11/2020 16:16

@titchy

What worries me is if you say I want a years salary or whatever they will take it as your agreement you’ve resigned

Realistically she cannot force them to take her back. A tribunal would not do that. The best she can hope for realistically is cold hard cash. Tax free if they swing it as a redundancy settlement.

Of course not. But she may as well start with her preference and not just roll over and accept it. Especially if there is a question mark over the legality of what they have done.

The least she should do is scare them a little. I would. In a heart beat.

ilovemydogandMrObama · 12/11/2020 16:18

Wait, why are they going to incur legal expenses if you resigned? Wink

RandomMess · 12/11/2020 16:21

Perhaps it has just dawned on them that they have terminated your contract on zero legal grounds so perhaps they do have to admit that you are entitled to your job your back...

I guess I would be wanting 2 years salary tbh because a new job isn't going to turn up that easily!

ManxiousCat · 12/11/2020 16:24

@ilovemydogandMrObama

Wait, why are they going to incur legal expenses if you resigned? Wink
This ^^
Original poster
Titslikepicassos · 12/11/2020 16:26

Thread is moving quickly -

In response - there looks to be redundancy on the cards, there certainly is in all the other areas of the company. if I went back, I'm sure I'd be made redundant within the week with due process followed this time

BUT

If that wasn't to happen, staying would mean a secure wage (important given the current state of the job market) keeping my little baby in his lovely nursery and all the other positives of being in work.

It would also be horrendous because I've (and the company) made the RD look like a fool. The data breach means everyone in the place likely knows what's been happening and I despise everyone who has been involved in this - not looking good for work place relationships!

OP posts:
Original poster
Titslikepicassos · 12/11/2020 16:27

@ilovemydogandMrObama

Wait, why are they going to incur legal expenses if you resigned? Wink
Indeed!
OP posts:
Original poster
Titslikepicassos · 12/11/2020 16:29

I want 30 years pay because I can no longer tolerate the thought of working with numskulls.

OP posts:
RandomMess · 12/11/2020 16:37

Wonder if the dickheads that caused this shit show may end up redundant...

Original poster
Titslikepicassos · 12/11/2020 16:47

@RandomMess

Wonder if the dickheads that caused this shit show may end up redundant...
I am a nice person and I would never wish for people to lose their jobs - but in this case, if my line manager and the 2 men below her who have tried to push me out for their own gain, lost their jobs, I would actively celebrate
OP posts:
Original poster
Titslikepicassos · 12/11/2020 16:48

And by actively celebrate, I mean with party hats and a fucking bouncy castle

OP posts:
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