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!

I've just read the whole thread tits and I'm so sorry you've been having to deal with these incompetent fools for so long.
I have no useful info but wanted to extend a virtual hug and my best wishes for a speedy resolution in your favour.

It sounds like you work for quite a large concern with you mentioning a few different locations.

I understand how stressful all of this must be.

I also hope that you manage to agree on a figure so you don't have to go through the stress of a tribunal.

Good luck with this, OP.

Keeping everything crossed that there is a fair outcome to all this for you!

@prh47bridge

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.

Thank you for this - very helpful.

@DfEisashambles

Will a tribunal affect future employment?

There's always a risk I suppose but my industry are always crying out for qualified staff. I was involved in recruitment and we certainly never checked for ET cases.

@SomeoneInTheLaaaaaounge

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!

ACAS have started the ball rolling but we've stalled - union rep has just come back from annual leave but heavily involved in the British Gas fire and rehire, I'm trying to take it further than him though.

Thank you to everyone for the support

Keep on at him OP ... don't give up

Ph said much more succinctly and with better clarity than I managed. At this point they are digging the hole deeper.

Update - they've countered, at a ridiculously low amount

Well that's easy to reject then!!

Have you informed them that you believe them to be deliberating going against GDPR law by withholding the emails etc you've requested?

@RandomMess

Well that's easy to reject then!!

Have you informed them that you believe them to be deliberating going against GDPR law by withholding the emails etc you've requested?

I've rejected, my rep wants me to state the reasons why and I'll be mentioning that they've since ACAS became involved, they're messed up my SAR and are stilling withholding over 2k of wages.

My second ET1 might focus their minds.

It’s such a pity “Ah hahaha.... No.” isn’t going to cut it.

Are they completely incompetent as well as stupid ? I'm astonished they are fucking you around like this ...utter shitshow

Go high OP...

Keep going OP.

Chin up OP you can do it! 🍷💐

Thanks all.

My rep is getting on to the regional legal team as the solicitors are taking so long to assess my case - we're holding off on a counter claim until this is done. He has told ACAS that I reject their offer - which is a low 5 figure sum.

I plan to the email the tribunal tomorrow to ask where the respondents ET3 is. As I have to cc the respondents solicitors in to any correspondence, they'll be aware that I'm not planning on walking away.

All sounds so stressful but you are doing great.

I can believe what a hash they are making of it all though. I just reads like a complete car crash.

Keep going though- you will win out in the end.

Rooting for you op, I wish I’d had the balls to go through the Union last year when I was a screwed over at work after my return to work after major surgery was ballsed up. Fight the good fight and don’t let the bastards win!!

Unbelievable that they are still playing silly beggars!

Don’t forget to factor in not just your lost wages since the debacle began, but also the wages you will lose going forward given that you will struggle to find alternative employment given covid and the fact that your have been dismissed will count against you in future interviews and suchlike. An ET will factor this stuff in if they find your have been discriminated against.

Not sure I would counter offer, stick rigidly to the original request although obviously you you need to take professional advice on that.

Do they not realise how much a court case would cost them? The non-compliance to GDPR request fine is pretty steep alone!

Sorry have asked for that comment to be removed!