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!

Make sure you've got a nice clear time line. Makes it easier for everyone to follow the fuck up farce.

Just read through this thread OP, and while I have no experience or words of wisdom to offer, I just want to say - fucking hell what a shitstorm, I hope you hang 'em by the balls!! Take them for everything you can, I hope you can push the discrimination side, its absolutely shocking how you've been treated. Fuming for you.

@incenseandpeppermints

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

I'd like to hope that it would strengthen my case but I'm concerned that incompetence isn't illegal and they'll get away with that side of things. They haven't got a let to stand on with the flexible working request, unfair dismissal and withholding of wages though!

@Wallywobbles

Make sure you've got a nice clear time line. Makes it easier for everyone to follow the fuck up farce.

I have a beautiful timeline, about 10 pages long 😩

@Kimblebee19

Just read through this thread OP, and while I have no experience or words of wisdom to offer, I just want to say - fucking hell what a shitstorm, I hope you hang 'em by the balls!! Take them for everything you can, I hope you can push the discrimination side, its absolutely shocking how you've been treated. Fuming for you.

Thank you @Kimblebee19

I may be too late here (only just seen the thread) but you mentioned that you were half way through a qualification? I would be getting completion of that (resources, funding etc) of that written into any final deal.

Can you contact the training body to find out what you still need to do to complete?

PS well done on getting any sense out of ACAS - i recently contacted them regarding a jobshare contract. Nothing useful at all. And that has been my experience with ACAS over the last 25 years on the odd occasion I have asked for help.

My timeline was 48 pages long and that was just the submission with my first grievance. By the time my appeal came around it was double the size. My lawyer couldn't believe how many folders of evidence I had. It was a really shit time for me but as you know from my other thread, I got a very good exit package and my dream job has just been advertised and fingers crossed I will get it and I'll be laughing!

@spongedog

I may be too late here (only just seen the thread) but you mentioned that you were half way through a qualification? I would be getting completion of that (resources, funding etc) of that written into any final deal.

Can you contact the training body to find out what you still need to do to complete?

PS well done on getting any sense out of ACAS - i recently contacted them regarding a jobshare contract. Nothing useful at all. And that has been my experience with ACAS over the last 25 years on the odd occasion I have asked for help.

The qualification is work based so not something I could do without remaining in the same management role - I'm going to put it in my schedule of loss regardless.

The first dealing I had with ACAS was terrible and it put me off using them for advice. However, since then they've been nothing but helpful, which has been handy when I haven't been able to speak with my union rep.

@Iwillneverbesatisfied

My timeline was 48 pages long and that was just the submission with my first grievance. By the time my appeal came around it was double the size. My lawyer couldn't believe how many folders of evidence I had. It was a really shit time for me but as you know from my other thread, I got a very good exit package and my dream job has just been advertised and fingers crossed I will get it and I'll be laughing!

Fingers crossed for you! I hope something positive comes from your experience

Thank you so much. My workplace rep was a bit hit and miss but the union official was amazing. After working closely with him for 2 years, its all gone quiet and I miss him. Does that sound wierd? He ended up knowing more about me than anyone else outwith my family. So I feel quite sad as he became a friend but I guess it was just work really.

Still I do feel very positive about 2021. I'll keep checking your updates, I hope it all works out. Have you looked at the 'formal grievance' website? I found it really useful for advice and guidance.

Iwillnever , I know exactly what you mean. Felt the same about my union rep and solicitor. Still speak to them and barrister occasionally but it was weird once the years of very regular contact ended. Was daily contact with my solicitor at one point! They all ended up knowing more about my mental health than any of my friends and family.

@Iwillneverbesatisfied

Thank you so much. My workplace rep was a bit hit and miss but the union official was amazing. After working closely with him for 2 years, its all gone quiet and I miss him. Does that sound wierd? He ended up knowing more about me than anyone else outwith my family. So I feel quite sad as he became a friend but I guess it was just work really.

Still I do feel very positive about 2021. I'll keep checking your updates, I hope it all works out. Have you looked at the 'formal grievance' website? I found it really useful for advice and guidance.

I can't claim to be in the same position, as my rep is very difficult to get hold of! But he's been excellent when he's represented me in meetings. I can see why you feel the way you do.

Looks like they're not planning on paying me my 4 weeks notice. I've sent them my contract, my payslip and ACAS guidance, but they're now ignoring my emails.

ACAS are going to contact them for early conciliation and I'll add it on to my claim but seriously, how many ways can you fuck someone around.

The data controller has confirmed they now have all the relevant information from all the departments regarding my SAR but can't give me a date when I'll receive the information as they have to go through it. The deadline is this week.

Might as well keep on fucking absolutely everything up. Bunch of utter incompetents.

you can complain to the ICO if they do not meet the deadline and I would complain everywhere you could. Make things difficult for them.

I did the SAR thing too and an ICO complaint. The contents were horrific when I finally got a hold. Really bad untrue things about me

They wont be replying as whatever advice they will have been given will basically be you have fucked this up dont make it any worse.
It must be sooooo frustrating for you BUT i cant wait for the day you update and advise you won!

@Iwillneverbesatisfied I had the same . I was horrified when I received my material.

OP In terms of your SAR request, I would allow a few more days, then contact the them to say if you do not receive the material by X date, you plan to make a complaint to the ICO. IME that is the only way to get the material in a reasonable timescale.

Also concerned that my SAR will come back full of shit, which will make me furious again.

I will email asking for a date and inform them that I'll be complaining to the ICO if it doesn't materialise.

I'm sitting on my hands to stop myself emailing the CEO and the board to inform them about their company's incompetence. I have children, just lost our main income and now they can't even 'fire' me properly

Well the CEO of the very large organisation that just gave me the exit package has been viewing my linkedin profile, so I guess they finally told him (after I left) or at least some kind of the story. They will have needed to explain the exit package anyway. Colleagues seem to have been fed the line that I left due to mental illness - aye - caused by THEM.

Surely if they consider that you resigned, they wouldn't pay you your notice. Doing so would be accepting that you indeed didn't resign but got sacked therefore giving more substance to your claim.

It's not surprising at all they would pay it.

@Iwillneverbesatisfied

Well the CEO of the very large organisation that just gave me the exit package has been viewing my linkedin profile, so I guess they finally told him (after I left) or at least some kind of the story. They will have needed to explain the exit package anyway. Colleagues seem to have been fed the line that I left due to mental illness - aye - caused by THEM.

I've had countless views of my linked in profile by the HR team - not sure what they're hoping to find.

The notice period still applies though. They should either have made her work it, or made a PILON payment, if the contract allows.

So ACAS have approached my rep regarding a settlement - I don't know if they would have spoken to my ex employers before doing this - he's gone back with my schedule of loss, a figure I think is much larger than they are expecting or are willing to pay but we shall see.

@dontdisturbmenow

Surely if they consider that you resigned, they wouldn't pay you your notice. Doing so would be accepting that you indeed didn't resign but got sacked therefore giving more substance to your claim.

It's not surprising at all they would pay it.

None of it makes sense - they've paid half my notice period