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!

What would you be entitled to for redundancy pay OP?

@Squiffany

What would you be entitled to for redundancy pay OP?

4 years of statutory redundancy pay on my wage - not much at all.

I think you should take a compromise agreement. Obvs argue for a decent package. But if on the very remote chance they agree they were wrong and you get your job back, what's to stop them in four weeks making you redundant and all you'll get is your 4 week statutory.

Good luck with deciding what you want.

Rationally I would say having your job back and compensation would be the beat option, even if you were then made redundant you would be able to claim JSA and would have your redundancy pay.

Although realistically I don't know how you could go back there and look at them day in and day out.

Titchy is right, if they want a compromise agreement they have to pay for you to get legal advice.

If redundancy is on the cards a settlement agreement should mean you get more than statutory.

Get legal advice but I would be working along the lines of 4 -6 months full salary + full notice period, if this is 3 months or more I.e 7 -9 months salary.
However my starting point would be 12 months salary + notice period. Covid 19 making it harder to secure a job.

Agree a reference - although these days they are usually start and end dates.

Take legal advice but also consider confirmation that your case will have no impact on consideration of your husbands request to withdraw his notice. You are individuals with your own employment contracts and any adverse impact on him could be victimisation.

Finally if you need to respond without taking legal advice head any emails Without Prejudice.

Sorry meant to say you would have to agree to withdraw the ET. This is a good bargaining chip as you already have a date. Again get legal advice.

I’d angle for your old job back, a guarantee that you will not be made redundant for the next 12 months, and a training program for your boss.

Good luck @Titslikepicassos, just to be clear, you are only constructively dismissed if you have resigned if they have dismissed you it is unfair/wrongful dismissal. Good luck!

@TheBlessedCheesemaker

I’d angle for your old job back, a guarantee that you will not be made redundant for the next 12 months, and a training program for your boss.

I think I'd be asking for that ^^ for your DH and a decent package for yourself.

Lots to think about but will definitely see about making sure DP is protected if needed. There hasn't been an update on his end - think the RD has been banned from emailing either of us, in fear that he'll make the situation worse.

@CharlieandLolaCat

Good luck *@Titslikepicassos*, just to be clear, you are only constructively dismissed if you have resigned if they have dismissed you it is unfair/wrongful dismissal. Good luck!

You're right, not sure why I said constructive dismissal earlier on!

If your lawyers think this is a good case (which it very much sounds like), I suggest you pitch high. Obviously take their advice, but my expectation (for agreeing to leave quietly with no fault either side, gagging clause (they will defo want this) and agreed wording of your reference) would be around 2 year’s salary plus legal fees. In your position I’d also hold off agreeing anything until your DH’s position is clear. It’s all a negotiation now so don’t start too low but don’t be surprised if they pitch super low to start with either. Good luck.

Oh and they can whistle with their expectations of when you need to get back to them - ‘it’s in the hands of my lawyers’ - let them sweat while you sort your legal advice.

Just chiming in @Titslikepicassos... I have name changed several times but STILL fuming on your behalf and here for the virtual Shoring You Up!

They are a disgrace

They want a response by Monday so they can instruct lawyers?

No. You should work to your own (legal) timeframe, not theirs. That said, I wouldn’t wait around. You need your own lawyer, not a union rep helping you out on this. As other posters have noted, your employment lawyer’s fees are normally included in a compromise agreement.

Personally, I think you should go for a compromise agreement to include a big, fat sum of money (I wouldn’t agree to less than 1 year’s salary, I think you could get a lot more, I think your lawyer could advise you better), legal fees, agreed upon reference, and no gag clause. I would also want to push for sanctions or ‘retraining’ fir the idiots involved but that is probably not on the cards.

If you do end up with a compromise agreement make sure you include an agreed reference in it, so when you apply for new jobs you know what they will say. I worded my own and got them to include it in the agreement.

I would think you will have to agree confidentiality in order to get a decent sum. Good luck and don’t be rushed by them.

Thanks all.

I'm not rushing, even I could, the union are slower than continental drift (unsurprisingly given their current workload)

I imagine confidentiality will be part of their request.

The person I spoken to mentioned my DSAR, I wonder if that has thrown back something that helps my case, hence the sudden rush to send me packing

And something else to think about - why did your husband resign in the end? Was it linked to you coming back to work, either the relationships at work policy or the childcare difficulties? If so, does he have a claim for constructive dismissal too?

I really don’t know the answer. But even if he doesn’t, please make sure your lawyer is fully aware of the situation as it might a useful no fir him in achieving the best possible settlement for you.

DP resigned because it was becoming increasingly obvious that this was a further attempt at pushing me out. We realised that even if I was allowed to return to work, that my line manager would be difficult and any childcare emergency would result in hell for me. He wanted to circumvent that by leaving.

Its spectacularly backfired but I will mention it to my lawyers and see what they think.

I was following the last thread & just caught up on this one, so sorry it's stoop going on but hopefully coming to a close.

I also echo the posts about taking the money, going back doesn't sound like it would be good for your mental health or your angry (understandable) feelings.

In a negotiation I always open extreme, so if 12 months salary is realistic (no idea) I'd open with 24 months, you need plenty of room to move but you will want to get their max.

Good luck!

I was on your last thread and have followed this one with horror. What an absolute balls up on their part.

Discrimination cases open the door for far higher levels of damages than non-discrimination unfair dismissal cases as you can claim for the emotional effect of the discrimination / personal injury etc.

This CAB link explains the ins and outs.

I'm sure your legal team will advise whether a discrimination claim will have a chance of sticking at Tribunal, because if it is likely, on the balance of probabilities, you should aim HIGH in any compromise agreement.

Good luck!

Hi Tits, you pointed me here from your old thread. Bloody hell. I'm glad you have got your anger back, as you'll need this energy to get you through. Glad the Union have finally appeared. Agree with PPs - don't jump to their required timeline. And AIM HIGH with any settlement, if that seems the best route to go down. Also, remember that this is a public forum. I think you've had great support and useful advice, but be careful how much you share in case it's of use to 'the other side'. Good luck. #TeamTits

This is absolutely rubbish.

Why can't people just be nice?!

I only had a baby, a lovely little baby.

I only wanted to go back to work, I love my job and now I'm unemployed and struggling with a universal credit claim.

DP has lost his job too, finally had a response.

Yay for 2020

I think you need to talk to the legal team about your H too as it's a factor. Hopefully he can take up their other offer?

Don't be rushed into meeting their deadlines.

I'm so sorry op.

Does he still have that other offer outstanding?