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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:
Original poster
Titslikepicassos · 23/11/2020 17:00

@NoWordForFluffy

They shouldn't contact you when you have a solicitor, that's why.
I meant what they were talking about - my union rep/union solicitors haven't said if they've actually made contact or what about if they have.
OP posts:
NoWordForFluffy · 23/11/2020 17:06

They'd probably want to discuss the WoP settlement with the sols.

Your solicitor will want to review the file before they discuss it with anybody, so there probably isn't much to tell you until it's reviewed, at which point they'll give your their advice and take instructions from you.

Original poster
Titslikepicassos · 23/11/2020 17:24

@NoWordForFluffy

They'd probably want to discuss the WoP settlement with the sols.

Your solicitor will want to review the file before they discuss it with anybody, so there probably isn't much to tell you until it's reviewed, at which point they'll give your their advice and take instructions from you.

Makes sense. I feel like I need to know everything that's going on, life is on hold and it's a bad time to be inactive.

When this was looking terrible earlier in the year, I applied to university as a back up plan. I've just had an unconditional offer for 2021, which is great and something to focus on but means an acceleration of life plans. I was in the middle of a level 5 qualification, that I've lost now due to this.

OP posts:
NoWordForFluffy · 23/11/2020 17:55

That's positive news in all of this awfulness.

Let's hope you get a big enough settlement to see you through the course (and then some!).

MayDayFightsBack · 23/11/2020 18:32

I've read through your thread with my mouth open. What an awful company. Once they start talking settlement though, you know you have them on the back foot. Good luck.

RandomMess · 23/11/2020 19:32

I would be seeking compensation for the loss of your course, the time you spent that was then wasted Angry

GalaxyCookieCrumble · 23/11/2020 22:44

This is disgusting how you have been treated, I hope you get justice for the whole shit show, and I hope your manager is dismissed.

Original poster
Titslikepicassos · 23/11/2020 23:08

Thanks all 

@RandomMess - it's definitely part of my schedule of loss. The qualification was paid for by work and allowed me to bypass university. While the degree will open many more doors in my industry, I was very happy in my role and the level 5 would have allowed me to progress without student debt and three years out of employment. I spent many evenings of the first lockdown completing my coursework when the baby was in bed - completely wasted time Angry

OP posts:
justilou1 · 26/11/2020 01:41

Wow..... I am wishing all kinds of evil upon these people right now.

BeachWishin · 30/11/2020 23:52

Any update OP?

Original poster
Titslikepicassos · 01/12/2020 12:09

@BeachWishin

Any update OP?
Not really - work are calling later to discuss the ET. I assumed all communication would come via their solicitor now so I'm not sure what it's about.

I was paid incorrectly this month, (PILON was missing a months pay and annual leave) which is causing universal credit issues, but apart from that things are mostly quiet and I'm trying to adjust to being unemployed.

OP posts:
NoWordForFluffy · 01/12/2020 12:43

They really shouldn't be contacting you as they know you have a solicitor.

I'm assuming your solicitor has now reviewed everything?

SalrycLuxx · 01/12/2020 12:58

Your work should not be contacting you directly. Everything should be going through your solicitor

Original poster
Titslikepicassos · 01/12/2020 13:10

@NoWordForFluffy

They really shouldn't be contacting you as they know you have a solicitor.

I'm assuming your solicitor has now reviewed everything?

They contacted my yesterday - they reviewed the initial case but now I've applied for an amendment to the ET1 for unfair dismissal, they're checking through that now too.

Work could go to my union rep in the interim though.

OP posts:
Original poster
Titslikepicassos · 01/12/2020 13:15

@SalrycLuxx

Your work should not be contacting you directly. Everything should be going through your solicitor
Literally just off the phone to them - they were phoning on behalf of their solicitor to let me know their ET3 had gone in and to ask again if I wanted to discuss a settlement agreement.
OP posts:
NoWordForFluffy · 01/12/2020 13:20

They need to speak to your solicitor. Dear god, they're determined to do everything wrong. Their solicitor should know better than asking them to call you (pretty sure they didn't).

Original poster
Titslikepicassos · 01/12/2020 13:44

@NoWordForFluffy

They need to speak to your solicitor. Dear god, they're determined to do everything wrong. Their solicitor should know better than asking them to call you (pretty sure they didn't).
Just spoken to a friend with a bit more knowledge of these things, who said it's very unlikely that their solicitor asked them to contact me on their behalf - firstly because of their handling of the situation so far (another opportunity to make things worse) and secondly, because the solicitor would charge for the contact and why would they do themselves out of some easy money.

I'm sure it would be to avoid the solicitors fees. I'm in the fortunate position, that apart from my job, this is costing me nothing more than my monthly union fees.

OP posts:
ilovemydogandMrObama · 01/12/2020 14:37

So, the union solicitor has agreed to take your case, I assume?

If so, that would be great news, and if possible could your rep speak to the company and relay that you have the backing of the union, but even at this late stage, you would be willing to consider re instatement? (If this is what you want). Obviously run by your solicitor first, but omg, the company just don't seem to have a clue and are falling over themselves to do the worst possible job ever.

Original poster
Titslikepicassos · 01/12/2020 15:34

@ilovemydogandMrObama

So, the union solicitor has agreed to take your case, I assume?

If so, that would be great news, and if possible could your rep speak to the company and relay that you have the backing of the union, but even at this late stage, you would be willing to consider re instatement? (If this is what you want). Obviously run by your solicitor first, but omg, the company just don't seem to have a clue and are falling over themselves to do the worst possible job ever.

It concerns me that they're still not taking this seriously - I can understand why they would want to wrap this up out of tribunal and quickly but I have feeling any settlement they'll offer will be in the region of a tenner and a family sized dairy milk.

I don't think reinstatement is a likely option at all!

OP posts:
NeilBuchananisBanksy · 01/12/2020 18:18

Tell them that any settlement agreement they are proposing needs to also be sent via your solicitor for consideration.

Have they said they are going to correct the pay issue this month too?

Original poster
Titslikepicassos · 01/12/2020 18:53

@NeilBuchananisBanksy

Tell them that any settlement agreement they are proposing needs to also be sent via your solicitor for consideration.

Have they said they are going to correct the pay issue this month too?

They're looking into the pay issue - hopefully it will be sorted quickly and without incident!
OP posts:
101namesforme · 01/12/2020 21:48

I love your expectation of a family sized dairy milk Grin.

I suspect that you are right though. The first offer my employer made was for less than a months salary which they had told the ACAS rep was their final offer. I laughed and told the ACAS rep to tell them to come back when they had “something sensible” to offer. It took another couple of offers before we came to an agreement.

notapizzaeater · 01/12/2020 21:56

They still don't seem to realise how much shit they are in - idiots !

ManxiousCat · 01/12/2020 22:07

Bloody hell, even my toxic ex employer wasn't that incompetent. This is a shit show of biblical proportions.

RandomMess · 02/12/2020 07:53

I can only think whoever is contacting you (HR I presume) have not got hold of the full facts or been fed some fake information....

They seem utterly deluded that they haven't done anything wrong...

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