Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

See all MNHQ comments on this thread

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 · 09/01/2021 20:09

Thanks again for all the advice and support!

I had a few more documents sent to me on Friday afternoon but there's going to be a delay on others due to a positive covid case in my old place of work.

From what I've heard, it sounds like my ex line manager is very unhappy about having to do this.

Realised today that I still haven't seen their ET3, not sure how long it should take the courts to look at it but mine was accepted and sent much quicker than theirs.

OP posts:
DdraigGoch · 09/01/2021 22:25

From what I've heard, it sounds like my ex line manager is very unhappy about having to do this.
Anyone would think that she had something to hide. Hmm

mofro · 09/01/2021 23:13

Oh wow! What a nightmare for you! No advice to give but wanted to wish you all the best and say well done for getting this far!

Original poster
Titslikepicassos · 09/01/2021 23:32

@DdraigGoch

From what I've heard, it sounds like my ex line manager is very unhappy about having to do this. Anyone would think that she had something to hide. Hmm
They've already told me that they can't send me anything that is connected to my tribunal claim, basically anything that makes them look bad legally. Hmm
OP posts:
Original poster
Titslikepicassos · 09/01/2021 23:33

@mofro

Oh wow! What a nightmare for you! No advice to give but wanted to wish you all the best and say well done for getting this far!
Thank you! It's been an exhausting journey. Hoping Monday will have some answers, either they'll accept to pay me off for around the amount I want or they won't and I can prepare for full tribunal proceedings
OP posts:
justilou1 · 09/01/2021 23:56

My guess is that you can start to increase the amounts you previously asked for due to increased fees and waiting periods

justilou1 · 09/01/2021 23:56

Oooh, and further distress, delay and inconvenience

RandomMess · 09/01/2021 23:57

They really are utter dickheads as well as incompetent.

Bumpinthenight · 10/01/2021 08:59

It's amazing that no one at work has worked out that if they just get on with it and stopped trying to hide stuff or hope you forget what has gone on the whole thing would be over much quicker!

They really aren't helping themselves.

Keep plodding!

LordOfTheOnionRings · 10/01/2021 09:29

I hope they will pay you. It doesn't sound like they have a leg to stand on.

NoWordForFluffy · 10/01/2021 10:06

I'd imagine they should have filed and served the ET3. What was the deadline date?

You might get a default judgment if they haven't bothered.

Bearing in mind their general incompetence, it wouldn't surprise me if they'd failed to do so!

Squiffany · 10/01/2021 20:33

So sorry this is still dragging on for you OP.

BlueThistles · 11/01/2021 04:05

Good luck for tomorrow OP 🌺

Friendsoneuptown · 11/01/2021 10:55

Good luck today OP.

LordOfTheOnionRings · 11/01/2021 20:00

How did it go OP?

NigellaAwesome · 11/01/2021 21:57

They've already told me that they can't send me anything that is connected to my tribunal claim, basically anything that makes them look bad legally.

I don't think this is an exemption under the Data Protection Act. I would ask them to show you where in GDPR legislation it allows them to withhold information that relates to your case (unless they are going for self incrimination exemption, but that is quite damning)

Original poster
Titslikepicassos · 11/01/2021 22:22

Thanks all.

I heard nothing Angry might contact ACAS directly tomorrow.

OP posts:
Original poster
Titslikepicassos · 11/01/2021 22:23

@NigellaAwesome

They've already told me that they can't send me anything that is connected to my tribunal claim, basically anything that makes them look bad legally.

I don't think this is an exemption under the Data Protection Act. I would ask them to show you where in GDPR legislation it allows them to withhold information that relates to your case (unless they are going for self incrimination exemption, but that is quite damning)

I'm looking into this, I've heard similar
OP posts:
prh47bridge · 12/01/2021 00:10

They've already told me that they can't send me anything that is connected to my tribunal claim, basically anything that makes them look bad legally.

There seems to be no end to their determination to do as much wrong as is humanly possible.

There is no exemption from GDPR for this. If they were in negotiations with you they could claim an exemption, but they aren't. Furthermore, as this is an ET claim, they are required to disclose all relevant documents in their possession or control regardless of whether those documents help or hinder their case. Saying they can't send you anything connected to your claim is the reverse of the truth - they are required to send you everything they've got that is relevant to your claim.

Unless they change their stance, you should make the tribunal aware of the fact that they have failed to comply with their duty of disclosure. The tribunal can order them to pay any costs you incur due to their failure to comply with their disclosure duties and/or strike out all or part of their response to your claim. If the tribunal believes that relevant documents have been withheld, they can make an order forcing disclosure. If such an order is made, it is usually an "unless" order, meaning that their response to your claim will be struck out if they fail to comply. This would result in your claim being undefended, so you would win.

DfEisashambles · 12/01/2021 00:18

Do what @Grompf said

DfEisashambles · 12/01/2021 00:19

Will a tribunal affect future employment?

SomeoneInTheLaaaaaounge · 12/01/2021 08:07

Hang on a sec - in terms of GDPR exemption isn’t there something about not having to share any documentation that’s involved in a negotiation? Or something that might prejudice a negotiation?

This is a sub clause that is not very well explained - but I did remember something along these lines. It’s likely they aren’t aware of this so don’t mention it to them.

Have you started to negotiate potential settlement terms yet?

I really feel for you OP and have been through something similar myself a few years ago and I totally understand how all consuming it is.

Wishing you nothing but the best!

prh47bridge · 12/01/2021 08:15

Hang on a sec - in terms of GDPR exemption isn’t there something about not having to share any documentation that’s involved in a negotiation? Or something that might prejudice a negotiation?

There is but this is no longer a negotiation. It is an Employment Tribunal case. The employer is under a duty of disclosure.

Even if that exemption did apply, it only covers documents that record their intentions within the negotiations and only to the extent that disclosure might prejudice the negotiations. It does not cover any documents that have led up to the need for negotiations.

FelicityPike · 12/01/2021 08:24

I can’t believe this is still going.
You’re doing so well @Titslikepicassos

SomeoneInTheLaaaaaounge · 12/01/2021 08:28

Ok - good to know thanks Bridge.

Swipe left for the next trending thread