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!

Have you tried maternity action for help and advice too? This seems to have stemmed from your maternity leave and they may be able to advise you too.

Sanmiguel. Yes this is my thought, it comes down to rhe ops contract and what she can reasonably refuse.

I know we are all dipping in here but this is rather complicated. You say you returned early from mat leave. Were you away for 26 weeks of less. In which case you should go back to the SAME job. In fact if they employed someone to cover, this should have been on a temporary contract to cover your maternity. If you were away more than 26 weeks they can give you another job but it must be the same in terms of benefits - pay hours etc. They can't offer you one 90 mins further travel away as it's not 'suitable alternative employment'. (Unless - as someone else mentioned - it is in your terms of employment/contract.)

Another issue here is the reduction/change of hours. They don't legally have to allow this. They legally have to consider it. They can of course consider it and say no.

I think if you have a very experienced rep then that's fine, they are probably taking advice from the senior reps anyway. But you are entitled to legal advice in workplace matters free of charge. There is often a clause that if you take legal advice from else where. your union will not continue. This has happened in some cases I know.

Before you can progress to a tribunal you have to engage in conciliation so your employer will know that you aren't going to leave quietly because HR will have told him this. Ring ACAS and ask for their advice on the next step, and if you can't get into touch with your Union rep either call the main GMB number (they send a message to the Branch) or contact the Branch Secretary on your Branch number.

speak to your union first OP to see if they can help you without having to go via a lawyer. You can also start the ACAS early conciliation process yourself without your lawyer - I did this, and I'm glad I did because by the time my union got involved, it was very nearly out of time for my tribunal claim. Like you, my union official is always very busy and can be really hard to get a hold of. Not good when I really need an urgent answer or hand hold. Nevertheless, they are good when they finally do respond!

Have a look at Pregnant Then Screwed website. It's founded by a woman who, you guessed it, was pregnant then screwed by her employer! There's tons of info on the website and they give free advice.

Also, Yess Law are a charity law firm and will offer some assistance.

Best of luck OP.

Have you got legal advice attached to your Home insurance OP?

I've read your original thread in AIBU. This is actually fantastic news - they have hung themselves on their own rope with absolutely no evidence of your "resignation". How will they defend their indefensible conduct in a tribunal? 😀
They have handed a victory to you 🏆

I've bern following your story as I had something similar last year but not maternity related...I worked for a large mental health charity that basically tried to hang me out to dry...I resisted and I'm glad I did. Your union should pass this up to their Legals at this juncture. Stay focussed and calm. Do keep us updated.

Thanks all.

I spent most of yesterday furious but have calmed down enough to think rationally today.

I'm about to send an email to the regional director and HR, picking apart their resignation email.

Can I ask them to reinstate my post until a resolution is reached... or they fire me?

Of course you can, but as they have stated you’ve resigned, then I think you need to accept the likely hood of rhem accepting is limited. You never know though, worth a shot.

I’d not go to war here op if you want your job back, don’t be cunty when you pick apart the resignation email. It will simply make them dig their heels in and tell you to fuck off.

Right now you need them more than they need you. So if your solution is to try to get your initial role back then something along the lines of

I’m surprised by this email as I was not made aware this was the outcome of the on going discussions. I too would like to draw a line under this and would request you please let me under take the role offered with no further discussion to be had, as you know I’ve been an exemplary employee and would be devastated to loose my employment with you.

Can I ask them to reinstate my post until a resolution is reached... or they fire me

Sorry just to add, you understand this is illogical right, a resolution is reached, your employment has been terminated.

Have you legal cover with your house insurance ? They might be able to help ?

You could ask them on what basis did they make the assumption you have resigned when indeed you have not. But it's probably better to wait for Union advice on how to proceed.

@Viviennemary

You could ask them on what basis did they make the assumption you have resigned when indeed you have not. But it's probably better to wait for Union advice on how to proceed.

They’ve told her, it was because she has declined the role they offered.

But they told me that me declining the post - which I had to because of childcare - didn't stop me from returning to my original post. They've taken that away, refused my mediation request and told me I've resigned!

2 days into a national lockdown, when jobs are going all over the place, I'm unemployed and they've done it in such a way that I can't claim JSA.

It's bullshit, I've done NOTHING wrong.

I’m not saying you did anything wrong but you also refused to do your initial role too, because you wished flexible working.

To them you’ve refused the first role because the hours didn’t suit and have refused their alternate too

It’s not a case of doing wrong, you’re not being punished. They are saying you have declined your first role and you’ve declined the second so you have resigned.

Have you tried looking for a no win to fee solicitor OP•

From the start this is definitely constructive dismissal.

Does that make sense? They are saying there is nothing to mediate, your flexible working has been refused, which is their right, and you have refused to do the roles they have offered you. One due to hours the other due to location, as such they are now saying you’ve effectively resigned because there is no more rhey feel able to offer you

It does read like you were using mediation as a negotiating tactic. They do not need to negotiate with you. They do not need to grant you the hours, location or role you wish.

I didn't - sorry I'm not clear.

I told them I would do the original role, I had no other option because they refused to even look at my flexible working request. They then took that option away.

So I fell on my sword, and lost anyway!

They didn't decline my flexible working request - they didn't even look at it!!

In my organisation, a 1.5 hour commute is considered reasonable and we are obliged to accept, where necessary for business need

OPs job is still available and being covered my her maternity leave person. Her job hasn’t gone and needs to relocate. Totally different situation.

The thing here is not that OP has refused to do the original role, but that the original role has never been an option.

From the request to return early for maternity, OP has faced having to move for various reasons. In the first instance, DP being the one to resign was not enough. So OP is now at the point where she should have been able to return to her role without flexible working and they've said she's resigned.

They want me out for my maternity cover, so I have hit wall after wall when it comes to my return.

What does your union / lawyer say about the resignation?
I think your employer has dug a huge hole for themselves - and they are just keeping on digging...

I have been following this since you started your original thread. Was that in may?

No advice, but so, so sorry. I really admire your strength throughout all of this