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!

[Bluntness100]

Op, I hope he gets his job back, I don’t understand why he stopped when you weren’t working. If he has already resigned though and the conditions of his return were they needed to agree, which they have not, then he is also in a difficult situation.

Are you both applying for all benefits you are entitled to snd also applying for other jobs. I think you both need to prepare for worst case here.

Once companies make this sort of decision it is generally game over. As said you may be able to win, and I don’t know if that’s the case, in a tribunal, and receive some financial compensation. They will have legally reviewed what they are doing here though, it won’t be spur of the moment, and have decided based on the legal advice given that either they will win, or it’s worth any cost that they think they may endure to stop this merry go round.

[TerribleCustomerCervix]

I’m not sure about the structure of your union OP, but in mine it wouldn’t be a workplace rep that would be dealing with this, you should be getting support from an experienced Industrial Relations Officer.

I remember your previous thread and I’m honestly appalled by how the company have managed to behave even more poorly than they had then!

[Titslikepicassos]

@DianaT1969 - we tried, it was just at the start of lockdown. Our nursery remained open for key workers (which we both are) but we couldn't swap days. Every option we tried failed, which was why I put in a flexible working request as a short term fix until covid settled enough that we could sort it.

I have been incredibly flexible and offered all sorts but my manager wouldn't budge.

[Bluntness100]

It’s surprisingly common in large corporations- and your company might even be expecting it

It is common but not at this stage, they’ve closed it down snd stated employment is terminated with immediate effect. Compromise agreements are done during the negotiations, where the employee agrees to leave by mutual agreement, it is not done after the employment is terminated, they’ve not given her the option to go back ans ask for money, although of course she can.

As they have taken the position she has resigned it will weaken their legal position if they then say yes here is some money.

The only way through this I think is tribunal, however as this is a large company, if it is anything like mine, they will have already had legal advice before acting.

[Titslikepicassos]

@Piggyhoolier - the union has mentioned a compromise agreement but it looks like they'd rather just get rid of me on the cheap.

@Bluntness100 - realistically, I know everything you're saying is correct. I've resigned myself to that the worst case scenario that by Christmas we're both going to be unemployed! It may well have been a bad move but our options were limited at the time and we thought the company would behave reasonably in regard to my return. More fool us and lesson learnt!

[Titslikepicassos]

@TerribleCustomerCervix - my union dude was a full time experienced one. However, he's snowed under with work and he's all but disappeared. I'll phone the office on Monday and see where to go from here.

[Fancycrackers]

Sorry you are going through this OP, sounds like hell.

There is an organisation called Maternity Action and speaking to them may also help on top of seeking legal advice and your union.
t.co/w89qsYL0VL?amp=1

[Bluntness100]

I have been incredibly flexible and offered all sorts but my manager wouldn't budge

This bodes terribly for your husband. I’m sorry, if the condition for him to return was they agreed your flexible working and they were never going to do this, then there was never an option for him to return.

I really hope he gets it back, but I have to be honest, I’m really shocked he’s resigned when you weren’t working and didn’t immediately request to come back when it became evident that there was no way they’d agree this. Ans is only now asking when your employment is terminated.

[Bluntness100]

Op. Sorry is your husband still working or not?

[TerribleCustomerCervix]

[quote Titslikepicassos]@TerribleCustomerCervix - my union dude was a full time experienced one. However, he's snowed under with work and he's all but disappeared. I'll phone the office on Monday and see where to go from here. [/quote]
That’s good OP. I hope he’s on the ball.

DH is an IRO for a union and their workload is intense, but that doesn’t mean your official should get away with leaving you to deal with this on your own.

[AllTheUserNamesAreTaken]

I remember reading your previous thread - I can’t believe the way they are treating you.

The union rep being busy is really good enough. You have paid your union fees for exactly this kind of situation. If he is too busy to provide proper assistance then I would be pestering the union main office.

Do you have a relative you could borrow some money from to get legal advice?

Although you both need to put energy into finding new jobs, you really do need to pursue action against your employer. You will probably be able to reach an agreement rather than having to go all the way to tribunal but they need to know you are serious.

What a shitty situation for you op but think you probably need this more

[SantanaBinLorry]

If I recall from OP's previous thread her husband notice period after resgnation was quiet lengthy, and would remain working until Dec?

[Titslikepicassos]

@Bluntness100 - yes he's still working. He asked last week to retract his notice, his two line managers have snapped his hand off as they didn't want him to leave anyway. The issue will likely come from the regional director.

The company have been acting incompetently but supportive of my return. There was no reason to think that they would go back on what they were saying and force me out. However, I am prone to thinking the best of people so I may have been incredibly naive!

[Titslikepicassos]

That's right @SantanaBinLorry

@AllTheUserNamesAreTaken - thank you! We could potentially ask for a relative to help.

Job search starts on Monday

[LauraBassi]

You should be able to find a no win no fee solicitor.

Good luck

[Bluntness100]

Ah ok that’s very different, he may have a good chance of keeping his role now, particularly if they haven’t replaced him yet. Sorry I thought he was at home with you.

I think you’ve both bet on you getting what you wanted /needed, and the company has pulled the plug unexpectedly. It is always a risk.

Their process as you know, will be to basically be polite snd open to your face whilst reviewing their options legally behind the scenes. I suspect they just got to the end of their rope and decided enough, based on the legal advice they have received.

I do think it’s positive your husband is still there, and they may not wish to appear punitive by also taking him out. However with him also they legally can decide not to rescind his notice.

The fight now is in him staying employed, and for you to go tribunal. The only other option is for you to go back to them snd back track. Ofer to take the Job they offered, and basically fall on your sword.

[justicedanceson]

This is awful. I can't see how what they have done could be legal. Can I suggest you ask citizen's advice (or one of the referrers listed) to refer you to this organisation. Basically a law student will represent you (supervised by a trained lawyer) for free in your employment tribunal and will negotiate until that point if there is to be a settlement. www.thefru.org.uk

[justicedanceson]

You may also be eligible to self refer www.thefru.org.uk/Employment-Self-Referral

[Jaxhog]

If you can't get hold of your union rep, call ACAS.

[Lifeisforalimitedperiodonly]

In a previous life I ran a branch of Unison. So it may be a little different but Trade Union Legislation is the same. If your company recognises the union then your rep should be dealing. If you can’t get hold of them over the weekend then they should have a helpline. If you take legal advice from elsewhere then the union may withdraw their services. So just hold on. Your tribunal should be paid for by the union.
Was the last communication from HR about mediation? That has to take place before a tribunal. At the tribunal the judge will just send you all away to do it. So it seems they’ve had their papers and they want to make out you’ve resigned. Well you haven’t. But make sure you get your rep informed of everything you are doing.
Was the letter telling you they had accepted your resignation? Did it come with HR cc’d in?

[EthelTheGoose]

Have you submitted a DSAR request?
I'd look into doing so, as it may pull up emails/instant messages etc to strengthen your unfair dismissal and pregnancy discrimination claims.

When they consulted with you in regards the relocation roles did they state that in refusing you are in effect resigning?

[Titslikepicassos]

Resigning hasn't been mentioned AT ALL. The last email I had said they were setting up mediation and they would sort my flexible working request when I was back at work.

What it looks like to me is that my manager has declined mediation and to wrap this whole thing up they've told me because I didn't accept their new role I have resigned.

[Titslikepicassos]

DSAR is already in, although I need to extend the dates to cover this period where it was decided I had resigned

[Titslikepicassos]

@justicedanceson - thank you for that link

[sanmiguel]

Have you looked at your contract? In my organisation, a 1.5 hour commute is considered reasonable and we are obliged to accept, where necessary for business need or in the event of asking for variation to job role or hours etc, reasonable offers within 1.5 hour commute. Indeed we can, by contract be directed to roles within 1.5 hour commute to suit business need and if refused it would be considered resigning.

Your situation sounds appalling but you do need to know if your company has acted in accordance with your terms and conditions before considering next steps.

Best of luck.