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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:
Smallgoon · 03/12/2020 13:44

I don't believe there was any malicious, evil intent from the RD or board - they just didn't want the hassle of fixing it.

That's a fair point and sadly indicative of lots of firms who just want to sweep the issue under the rug. By the sounds of what you've said, they at least followed the process by having another regional manager initially meet with you - my understanding is that HR do not need to be present for this. However, they didn't investigate your grievance in full - I'm still baffled that they didn't approach any of your named witnesses.

Re your dp's role, that sounds less risky that I previously thought, so prob not a bad thing that he accepted.

Iwillneverbesatisfied · 03/12/2020 14:09

I've just gotten an exit package from my employer as they didn't bother to deal with my complaints properly. As a PP mentioned, they just didn't want the hassle.

they only upheld the very basic/simple parts of my grievance, but still made me promises that things would improve.

I came back from my sick leave to find nothing had changed and were actually worse. I was being victimised. I couldn't afford to take any more sick leave but I couldn't stay either if nothing had changed.

So I got a very good exit package offer yesterday which I am going to take.

Good luck OP, I'm rooting for you.

Smallgoon · 03/12/2020 14:26

@Iwillneverbesatisfied I was actually going to suggest that OP read your thread if she hasn't already, as it would give her an idea of what to expect when the SA discussions start. I'm glad you're happy with your package and that you can finally move on from this saga.

Original poster
Titslikepicassos · 03/12/2020 14:31

@Iwillneverbesatisfied

I've just gotten an exit package from my employer as they didn't bother to deal with my complaints properly. As a PP mentioned, they just didn't want the hassle.

they only upheld the very basic/simple parts of my grievance, but still made me promises that things would improve.

I came back from my sick leave to find nothing had changed and were actually worse. I was being victimised. I couldn't afford to take any more sick leave but I couldn't stay either if nothing had changed.

So I got a very good exit package offer yesterday which I am going to take.

Good luck OP, I'm rooting for you.

Sorry you've been through this too, but I'm glad you've managed a good settlement agreement - I'm going to find your thread Thanks
OP posts:
Original poster
Titslikepicassos · 03/12/2020 14:37

I've been trying to get hold of ACAS this afternoon - I've been told that the fuck up with my PILON (only paid 4 weeks instead of my contractual 8) makes this wrongful dismissal.

Want some proper advice before I fire off a more formal email to the company and their solicitor.

OP posts:
ilovemydogandMrObama · 03/12/2020 14:39

Be sure and negotiate a glowing reference.

NoWordForFluffy · 03/12/2020 15:12

It's like a lesson in how to do everything wrong, isn't it? You couldn't make the incompetence up.

Original poster
Titslikepicassos · 03/12/2020 15:19

ACAS have told me they've in breach of contract and to submit another early conciliation form so I can add it to my ET claim.

IT NEVER ENDS!

So if I'm to email my ex employers a formal warning about my PILON and adding it to my claim, do I cc in their solicitor?

I have tried to speak to my union rep today but he's still missing!

OP posts:
NoWordForFluffy · 03/12/2020 16:08

It won't hurt to CC them in. At least they'll be forewarned then! (And can roll their eyes even harder than they already have done!)

Smallgoon · 04/12/2020 00:08

cc them in just in case your employers haven't consulted them, which wouldn't be surprising given how inept they've been in managing your grievance.

Though worth noting that the emails may in fact be being drafted by the lawyers but sent via your employers. Do they appear to be written in a very formal 'lawyer' format?

Original poster
Titslikepicassos · 04/12/2020 07:53

@Smallgoon

cc them in just in case your employers haven't consulted them, which wouldn't be surprising given how inept they've been in managing your grievance.

Though worth noting that the emails may in fact be being drafted by the lawyers but sent via your employers. Do they appear to be written in a very formal 'lawyer' format?

No formal tone at all - all communication has been from one person since i 'resigned'.

Mostly phone calls but I've been getting them to follow up via email.

OP posts:
LordOfTheOnionRings · 06/12/2020 15:42

Any updates OP?

Original poster
Titslikepicassos · 06/12/2020 17:56

@LordOfTheOnionRings

Any updates OP?
@LordOfTheOnionRings - nothing of interest. Union rep is still missing despite emails and phone calls. I gave the company a few extra days to sort out my pay but I've heard nothing, so I've got an email ready to send tomorrow morning telling them I'm adding withheld wages to my claim.

Hoping I'll hear from ACAS soon regarding conciliation now their ET3 has gone in.

OP posts:
AlwaysCheddar · 06/12/2020 18:15

Sorry you’re going through this but hopefully you’ll emerge victoriously.

RandomMess · 10/12/2020 22:34

Has the union rep turned up yet?

Original poster
Titslikepicassos · 11/12/2020 11:03

@RandomMess

Has the union rep turned up yet?
Yes - after emailing their office.

No update though. They're still looking at my wages Confused

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

FGS how can the be so incompetent!

incenseandpeppermints · 11/12/2020 11:22

I think you need to escalate this with your union and get a senior rep on the case. Not very confidence inspiring is it?

Original poster
Titslikepicassos · 11/12/2020 11:43

Had an update about 2 minutes ago.

They're paying my annual leave entitlement, but no word on whether they're going to pay my 4 weeks of outstanding notice pay. I've given them until the end of the day and then I'll need to add it to the ET claim through ACAS early conciliation

OP posts:
RandomMess · 11/12/2020 11:52

Utter dicks, I do wonder how everyone in their HR is managing to be so incompetent!!!

ThatsMySantaHisBeardIsSoFluffy · 11/12/2020 12:40

@RandomMess

Utter dicks, I do wonder how everyone in their HR is managing to be so incompetent!!!
It appears to be rife throughout the organisation!
Original poster
Titslikepicassos · 11/12/2020 14:28

Just had my P45 through the door - looks like I'm going to be fighting for my full notice period

OP posts:
incenseandpeppermints · 11/12/2020 18:51

The more catastrophic their incompetence, the stronger your case is. It's another boost to your case. Shocking behaviour.
On another note - did your DH get a written contract / offer re his new job? Has he started it yet?

Original poster
Titslikepicassos · 11/12/2020 19:09

@incenseandpeppermints

The more catastrophic their incompetence, the stronger your case is. It's another boost to your case. Shocking behaviour. On another note - did your DH get a written contract / offer re his new job? Has he started it yet?
I'm fed up of pointing out their incompetence and why they're wrong! I'm struggling to remain polite in emails now.

DP - Yes (thankfully), all signed and new contract sent over.

OP posts:
incenseandpeppermints · 11/12/2020 19:55

In a tribunal situation this will all add up.
Extremely frustrating though.