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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:
RandomMess · 26/02/2021 13:21

I hope you get awarded costs as well as your settlement???

LeopardPrintKnickers · 26/02/2021 15:14

OP, I've only just seen your thread and I'm in awe of your composure and control, bloody big well done!

Just bide your time, take deep breaths and know that this WILL get resolved - they can't keep displaying incompetence, there has to come a point where it's gone as far as it can and their legal team finally hold their hands up and admit defeat. Your solicitor sounds excellent - she can be an honorary viper.

Keep on trucking my love, it's shitty you've been dealt this hand, but it'll all soon be resolved and you can put it behind you.

LakieLady · 27/02/2021 18:14

Last year my DH brought a case to tribunal against a large National company whose manager really brutally bullied and harassed him out of a job role in order to give that role to his brother

It wasn't a big retail furniture chain, was it a @KatherineOfAragon?

I had a client who had exactly that happen to him.

LakieLady · 27/02/2021 18:26

@Titslikepicassos, I've been following this since the original thread in AIBU. Just wanted to say that you ROCK and I'm in awe that you've managed to get so far with this while you've got a baby and are child-wrangling home schooling.

I think the other side have gone quiet because they've realised they've dropped an almighty bollock and are frantically trying to clear up the mess.

I really think it's time to go to the ICO about them not giving you stuff you're entitled to under GDPR. Just to add to their headache. Grin

Hang on in there and give them hell!

incenseandpeppermints · 09/03/2021 14:52

Any news?

Titslikepicassos · 09/03/2021 21:09

No news.

I did have a phone call from an independent HR company today, who wanted to do an exit interview - which I thought was a baiting exercise initially, but would be completely nonsensical Confused

OP posts:
Titslikepicassos · 09/03/2021 22:34

Sorry, only just read up thread. Thanks @LakieLady @LeopardPrintKnickers and @AwFeebs for your lovely messages Thanks This shit would be much more awful without this thread

OP posts:
101namesforme · 10/03/2021 06:36

Still checking in regularly here OP and hoping for good news for you.

The idea of an external HR company looking for an exit interview smacks of them trying to trip you up and get quotes to sue against you in a tribunal. Don’t do it!! (Unless your lawyer says to of course!!)

DrIrisFenby · 10/03/2021 11:46

Oh for goodness sake, could they be any more rubbish??

Stand firm my dear, stand firm Thanks

JuliaMumsnet · 10/03/2021 15:04

@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!

Hello @Titslikepicassos - just jumping in quickly to say that this week we are running a free online legal advice clinic for parents and pregnant women about employment issues, with Maternity Action. Volunteers will give you free advice on your particular situation if you post your question on the thread (they will message you privately for the info you don't want to post publicly). It ends Friday.

Thanks!

MNHQ

Justajot · 12/03/2021 14:35

@JuliaMumsnet I think the situation has gone well beyond getting free advice.

SeasonFinale · 12/03/2021 17:47

Lol - MNHQ need to RTFT

Madmarchlockdown · 13/03/2021 09:34

@Titslikepicassos just wanted to let you know that I keep thinking of you and the mumsnet support is warm! I keep changing my name but have popped by before many a time.

101namesforme · 23/03/2021 14:17

Hi OP, are you still waiting to hear back from them? Hope you’re doing ok.

RhapsodyandAshe · 23/03/2021 17:33

Any progress? Really hoping you get a fantastic result from all this BS very soon.

Titslikepicassos · 23/03/2021 23:04

Hello!

Not much of an update but the ET have been in contact with me, my second ET1 is being sent to my ex-employers this week. I've been asked about dates for the full tribunal hearing in 2022 and 2023! My solicitor is preparing for a preliminary hearing, but hopeful that negotiations will recommence when they need to respond to the ET1. If that doesn't work, ACAS will begin conciliation soon.

So slow!

OP posts:
101namesforme · 24/03/2021 08:14

2023 Shock blimey, I knew there was a backlog but wow!

101namesforme · 24/03/2021 08:15

Fingers crossed that negotiations restart soon.

TimeForTeaAndG · 24/03/2021 18:28

Oh my god 2023?!? Fingers crossed you get a settlement well before then!

RandomMess · 25/03/2021 16:49

Bloody hell 2023!!!

littledrummergirl · 26/03/2021 08:09

Just checking in to say I'm still with you, you are doing so well.

Pinkappleblossom · 26/03/2021 20:06

Omg unbelievable. I am in a position to maybe have to launch a tribunal myself now but christ if there’s a two year backlog maybe not. So awful that employers can get away with this shit because there’s not enough resources to hold them to account.

NigellaAwesome · 26/03/2021 22:26

My tribunal has just been postponed to June 2022. I submitted my ET1 in Sept 2018. It's a long time to have it hanging over your head.

Titslikepicassos · 30/03/2021 19:19

@NigellaAwesome

My tribunal has just been postponed to June 2022. I submitted my ET1 in Sept 2018. It's a long time to have it hanging over your head.
How awful!
OP posts:
Titslikepicassos · 30/03/2021 19:25

Thanks all.

My ET1 landed on my ex employer's desk two days ago. It looks like the original preliminary hearing in July is going ahead - which is positive. My union rep called earlier, he has an appointment with a conciliator tomorrow.

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