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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:
Ilikewinter · 23/04/2021 21:39

I cant believe this is still going on......well done OP for having the strength to see it through!

billybagpuss · 23/04/2021 22:14

Yeah that’s bull, they’re covering their tracks

Original poster
Titslikepicassos · 23/04/2021 22:54

It feels like a very small win - but also like a trap!

Angry
OP posts:
Margaritatime · 24/04/2021 00:08

It’s not a trap, in responding to the ET1 they will have been advised to close any part of the claim where the case is clear cut and only involves costs they would have incurred had they paid the correct notice.

It is always a long drawn out process, so celebrate the wins, no matter how small, as they vindicate your patience and determination.

Hexinthecity · 24/04/2021 00:21

I'm so glad you're sticking to your guns @Titslikepicassos. Totally unrelated incident but our kids damaged a radiator that caused a leak inside the wall that needed excavated out to fix. Our initial call to the insurance company we're with resulted in them saying that we weren't covered for anything, which we blatantly knew we were. We only wanted to cost of the track and trace covered but the lovely emergency plumber who came out gave us the number of a loss adjustor who ended up taking the case. We wound up with a massive payout to rectify not only the track and trace but also to repair the parquet floor that we hadn't even realised had damp underneath as a result of the leak. If they'd just paid out on the track and trace we'd have been happy and not realised till weeks or months later that the floor was damaged at which point it would have been too late to claim for. Rather than shelling out the couple of hundred we were expecting the insurance ended up having to shell out thousands. It made me livid that they were so instantly unwilling to discuss the validity of out initial claim, and as I said to the loss adjustor what if we'd had little savings, or vulnerable and didn't know how to challenge their decision... it takes people to stand up to this crap for the sake of anyone coming after in your wake OP.

travellinglighter · 24/04/2021 08:02

Good god, I’ve just finished the whole thread. I can’t believe that no one in such a large organisation can’t see how bad this looks and is getting it sorted on a more professional basis. If your solicitor is that confident then they are in trouble.

piefacedClique · 24/04/2021 17:34

Keep going @Titslikepicassos 🙌🏻🙌🏻🙌🏻

Original poster
Titslikepicassos · 24/04/2021 21:41

Thanks all.

It's positive that they're fixing some of their mess but this situation has made me incredibly paranoid 😬

OP posts:
littledrummergirl · 25/04/2021 15:26

In some ways this could be helpful at showing how unreasonable they have been. Ensure that the email(s) of you telling them you were short in pay are linked to the email saying you hadn't told them when discussing your bundle. I'm sure your solicitor will know but it might be worth you mentioning it.

Blindgossipfan · 25/04/2021 20:45

Good luck, OP

Holding your nerve will be worth it. I had to enter negotiations with my company and ended up with a figure 5 times what they wanted to pay. It's given me enough to make a new start, something I well deserved after all the stress they put me through.

Original poster
Titslikepicassos · 26/04/2021 12:36

@littledrummergirl

In some ways this could be helpful at showing how unreasonable they have been. Ensure that the email(s) of you telling them you were short in pay are linked to the email saying you hadn't told them when discussing your bundle. I'm sure your solicitor will know but it might be worth you mentioning it.
Thank you @littledrummergirl

I've just replied to their letter saying that I'm confused as to why they are stating my missing wages have only just been discovered when I chased it on 3 separate occasions in November and December. I cc'd my solicitor in so she's aware of the situation

OP posts:
Original poster
Titslikepicassos · 26/04/2021 12:38

@Blindgossipfan

Good luck, OP

Holding your nerve will be worth it. I had to enter negotiations with my company and ended up with a figure 5 times what they wanted to pay. It's given me enough to make a new start, something I well deserved after all the stress they put me through.

Sounds like an excellent outcome! Well done, but sorry you've experienced similar stress!
OP posts:
marriednotdead · 26/04/2021 13:50

Continuing to quietly cheer you on (with loads more of us I suspect) @Titslikepicassos.
You must be so wound up as they continue to dig the hole deeper and deeper! The saying 'don't get mad, get even' was made for your situation and I will celebrate the day this horrendous saga ends, and you can finally enjoy your family in peace.

ginislife · 26/04/2021 14:40

@marriednotdead Same here. Read both threads at the time and now look every day for the latest updates. I still can't believe they could get things SO wrong and then just keep adding to that wrong !! Stay strong @Tits. There will be a party at the end !!! 😂

ihavespoken · 26/04/2021 14:47

I have been following your thread from the start and wanted to wish you well!
IANAL or in HR, and I know things are complicated enough already, but do your missing wages not give them a problem with minimum wage legislation? Maybe notice periods don't count but I am pretty sure they have to test min wage per pay period so they may have knackered themselves by not paying you that month. I am sure your solicitor will have this covered - all the best for getting everything resolved Flowers

cameocat · 26/04/2021 22:08

OP I have nothing helpful to add other than to say I'm highly annoyed on your behalf and rooting for you all the way!

DifficultBloodyWoman · 27/04/2021 04:23

I've just replied to their letter saying that I'm confused as to why they are stating my missing wages have only just been discovered when I chased it on 3 separate occasions in November and December. I cc'd my solicitor in so she's aware of the situation

They are just digging a bigger hole for themselves and showing their incompetence? Negligence? Malice?

Eatingsoupwithafork · 27/04/2021 06:19

Following this. I had a relative who took on a big organisation as they discriminated against them due to a disability they had always had and suddenly the company decided they couldn’t do the job anymore. It went on for ages and caused a lot of stress but they also made a lot of mistakes as I think they thought the person would just comply and move on. There was even evidence that the company tried to persuade a doctor to change their view when they said that the disability did not impact the role. Anyways after months there was a large settlement and they have a much better job now in a better company.

SummersMumma · 27/04/2021 06:58

Goodluck can't wait to hear final outcome. I took my ex employers to court after having a baby and won. Stressful but paid for my extension x

GorgonzolaSouffle · 27/04/2021 07:33

Marking my place for the outcome xx

Tistheseason17 · 27/04/2021 08:15

Just hold on to the fact that you are in the right.
My ET took a year and they settled for over 3x their original offer after I told the solicitor that telling the truth was more important than cash and I would be inviting the Press to the hearing as I breastfed my 2nd child. The settlement was 2 days before hearing- they always leave til last minute.

Suddenly, their position changed, the statement acknowledged 'it did not reflect what had happened in error'. I was happy with acknowledgement in writing that they had screwed me over- it was my epic solicitor who pushed for compensation- as I'd already received redundancy pmt he even negotiated 40% tax and NI on top.

But, this was very stressful at the time. You can and will cope - I did it for my children.

Mummytemping · 27/04/2021 08:37

I’d be shocked if they don’t seek to settle this right before the ET. They are just hoping you will run out of steam before them. Appalling. Keep going! You’re in the right!

WeAreNow · 27/04/2021 08:43

What an absolute mess OP. Nothing to add other than I wouldn’t be surprised if they drag this out until the last minute. It really is a battle of wills.

I took my ex employers to tribunal and we went to the preliminary hearing where they tried to get everything thrown out but got their arses ripped off by the judge. We got a date for the actual hearing and suddenly HR wanted a chat two weeks before the hearing date. They made a shockingly low offer which I declined and a day later they offered me my full schedule of losses (drawn up by my solicitor and much, much higher than I expected considering I actually still worked at the company at the time).

I withdrew from the tribunal when all the paperwork was completed a day before the hearing was due- it was expected to last for five days considering the amount of witnesses involved in what happened so I imagine they’d have had to spend all of that time prepping them just incase too.

CharityDingle · 27/04/2021 10:10

No advice to offer, but cheering you on, big time.

I was really messed around by the company I worked for. Not on this scale, but can relate to some of what you went / are going through.

I'm out now, thankfully, with a redundancy package, and glad to be shot of them.

Humpthree · 27/04/2021 10:42

I told the solicitor that telling the truth was more important than cash and I would be inviting the Press to the hearing as I breastfed my 2nd child

That's absolutely brilliant. I think you might actually be my hero Flowers