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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:
BlueThistles · 14/01/2021 14:59

@RandomMess

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!

I agree ... make no offers Flowers
Original poster
Titslikepicassos · 14/01/2021 15:16

Currently trying to do a schedule of loss and working back from when I asked to come back from maternity leave early (nearly a year ago now Shock)

I don't want to counter offer, I'd rather shut down the talks as we're pages apart. However, I may reduce the total amount by 2k and then ask for the new amount plus my withheld wages which brings it back up to the original figure.

OP posts:
louisejxxx · 14/01/2021 15:45

I’m really sorry this all happened to you OP. I just wanted to put my 2 cents in re: the unpaid wages...I did payroll in my last job, and for me, if I issued a p45 like you have been, it was not possible to process any more payments through payroll without getting them to complete a new starter form again and completely setting them back up on the system.

Perhaps others who work in payroll can come along and confirm if they’ve found this previously as well....if it’s a common thing then I’d say that shows clear intent to not pay you what they should have, not just a mistake.

billybagpuss · 14/01/2021 16:00

What @louisejxxx said would make sense but they could still have done it manually. So yes I’d say intent not to pay.

CrazyCatLady13 · 14/01/2021 16:14

@louisejxxx

I’m really sorry this all happened to you OP. I just wanted to put my 2 cents in re: the unpaid wages...I did payroll in my last job, and for me, if I issued a p45 like you have been, it was not possible to process any more payments through payroll without getting them to complete a new starter form again and completely setting them back up on the system.

Perhaps others who work in payroll can come along and confirm if they’ve found this previously as well....if it’s a common thing then I’d say that shows clear intent to not pay you what they should have, not just a mistake.

The company can roll back their HMRC submission to allow the missed payment to be made. It's not complicated to do.
CrazyCatLady13 · 14/01/2021 16:17

IF of course they wanted to! They could also make a one off payment and just use a basic rate tax code rather than completing new starter forms.

Original poster
Titslikepicassos · 14/01/2021 16:21

@louisejxxx

I’m really sorry this all happened to you OP. I just wanted to put my 2 cents in re: the unpaid wages...I did payroll in my last job, and for me, if I issued a p45 like you have been, it was not possible to process any more payments through payroll without getting them to complete a new starter form again and completely setting them back up on the system.

Perhaps others who work in payroll can come along and confirm if they’ve found this previously as well....if it’s a common thing then I’d say that shows clear intent to not pay you what they should have, not just a mistake.

Thanks @louisejxxx - when I complained about missing annual leave entitlement and 4 weeks pay, the HR lady contacted me to say that payroll had found 3 missing annual leave days, she ignored the missing pay despite me chasing it several times. I was later paid the 3 days and as part of my SAR they sent me confirmation that HMRC had been made aware of the payment after my P45 was issued.

I'm not sure the reason why they are withholding the money, why you'd make a bad situation worse is beyond me. Perhaps they thought they'd get away with everything with their settlement agreement.

I've emailed the ET today to chase up their missing ET3. I'm fairly sure they've submitted it, so it's likely a delay at the ETs end.

OP posts:
NoWordForFluffy · 14/01/2021 18:04

I'm surprised they didn't serve it on you at the same time as filing it.

Original poster
Titslikepicassos · 14/01/2021 18:15

Just had a reply from the ET.

When it looked like mediation was going forward and I was going back to work, I withdrew my claim (naively). However, I didn't hear anything back. My ET1 was accepted, ET3 sent and a preliminary hearing booked in. I phoned to clarify but couldn't get through. I decided to go along with it in case work fucked around - which they did. The reply to my email was it had been withdrawn hence not receiving ET3.

So, I will add the original ET1 claim in to my next ET1 claim, as background information.

What a bloody nightmare.

OP posts:
SallyMcNally · 15/01/2021 17:14

Ugh that sounds rubbish- sure it will get sorted eventually though

Hope you are keeping positive.

Original poster
Titslikepicassos · 15/01/2021 19:02

Thank you!

ACAS were in contact with my rep today, the company have asked me to counter after I rejected their first offer.

I've completed a schedule of loss which I've based on top figures at the ET. It's come in at much more than I've asked for but reflects not having to go to ET and the risk, and not dealing with this shit any longer!

OP posts:
Tiffany777 · 17/01/2021 09:04

Fab x

Ringsender2 · 17/01/2021 11:33

Tits good luck x

Jeremyironseverything · 17/01/2021 12:08

What a nightmare.

NoGoodPunsLeft · 20/01/2021 06:20

Fingers crossed this is nearly over 🤞🏻

Original poster
Titslikepicassos · 20/01/2021 11:02

Thanks all.

Turns out the solicitors weren't doing anything because they were confused by my surname Confused and couldn't find my union subs. Sent them screenshots of the direct debit going out and that sorted it!

They've given some good advice since, which I've used to complete my second ET1 - it's going to be checked over and then sent off.

ACAS has finished EC, but my rep is still in discussions about settlement.

OP posts:
Original poster
Titslikepicassos · 20/01/2021 14:27

Urgh.

So, I've just heard from someone at work that they've restructured, nearly immediately after they got rid of me.

I don't know if I mentioned in thread one, that the promotion I was due in 2019 was removed from me after I announced my pregnancy? I was told in my formal grievance outcome, that the promotion was no longer deemed a suitable role for the workplace and they were leaving the structure as it was. Turns out my co-manager now has that promotion. My old role has gone, my maternity cover has gone back to his original role.

So this was either all planned and a way to by-pass redundancy or a way to attempt to fix the mess they'd made by getting rid of me.

Now I know this information (which I can prove through a public record which has been sent to me), I think I need to play with my ET1.

OP posts:
RandomMess · 20/01/2021 15:05

Can they actually get any worse!!!!

NoWordForFluffy · 20/01/2021 15:12

@RandomMess

Can they actually get any worse!!!!
Just when you think there can anything else worse, more news comes along! They're breathtakingly appalling.

At least the solicitor is now finally doing something.

Original poster
Titslikepicassos · 20/01/2021 15:13

@RandomMess

Can they actually get any worse!!!!
This must be it! The peak!
OP posts:
RandomMess · 20/01/2021 15:20

Nah that will be when the GDPR request reveals some incriminating emails...

WeeDangerousSpike · 21/01/2021 20:23

I've just gone through a redundancy situation, and the comms that work sent out were really clear that anyone on mat leave would automatically get a role, and then redundancies would be made from the people left after that had been worked out. Your lot are so breathtakingly incompetent it's unreal. Literally everything they do to try and make themselves look better just digs the pit deeper!

2021hastobebetter · 21/01/2021 20:26

Your counter offer is your original offer. They make an offer - you rejected. They need to make a new offer

Soulstirring · 21/01/2021 20:46

Bloody hell. Keep fighting OP

fluffygreenmonsterhoody · 21/01/2021 20:51

Unbelievable. Keep fighting OP.