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!

[RandomMess]

As part of your email I think you need to include something like.

As I am legally entitled to I request to return to my original role which is currently still be doing in my original location by the maternity cover temp.

[Titslikepicassos]

Feeling sick this morning, reality is sinking in. Hopefully DP finds out if he can keep his job today.

Email sent, wasn't cunty.

[Bluntness100]

Good luck to both of you. I hope you get good news.

[Florencemattell]

Sorry nothing to add in legal or advice.
But just to say sorry you have been treated in this appalling way and your time as a new mum has been tainted. Sending a virtual hug. Stay strong you can come through this

[ilovemydogandMrObama]

Wow, am so sorry...

Haven't read all of this new and fast paced thread, but sort of explains what has been happening behind the scenes. It could be that the Regional Director is actually calling the shots, and is telling HR what to do.

Has the union gotten back to you?

[Blimeyoreilly2020]

Really hoping Union have contacted you to advise and HR have got back to you to clarify what on Earth they’re playing at!

[Titslikepicassos]

I've officially lost my job. The company feels it has provided adequate support and so I have resigned

DP isn't home yet so I don't if he's jobless too 👍🏻

I only had a baby!!

[Titslikepicassos]

Union haven't got back in touch yet either

[LaurieFairyCake]

You mean they SAY you've resigned ?

[Titslikepicassos]

Yes

[Titslikepicassos]

I'm being gaslighted by a company.

They offered me adequate support? By doing nothing?!

[CharlieandLolaCat]

How long have you been at the company? If you haven't resigned they can't unilaterally terminate your contract without a fair and reasonable process.

[Titslikepicassos]

I've been there four years.

[RandomMess]

I guess you reply and stipulate "I have not resigned, you have unilaterally terminated my contract without following due process"

[Bluntness100]

I’m sorry op. It’s back to if you wish to progress to tribunal. Speak to the rep when you can. I suspected this would be the case, hence the advice to be nice about it and fall on your sword. They will have taken legal advice before they have done this. Speak to the union rep and see what next steps you can take but it will be tribunal.

Hopefully your husband has some good news. Fingers crossed for you.💐

[GinandGingerBeer]

I've noticed you mention a few times it means you 'Can't claim JSA/UC'
It doesn't. Who has told you this? It's a myth that you can't claim. I'm not saying you'd be awarded, you may or may not but each claim is taken on its own merits. Anyone can make a claim.
Under normal procedures they would contact your employer to clarify reasons (dismissal or leaving voluntarily) but this may be waived depending on the number of new claims in your area (procedures have been relaxed due to Covid)
Clarify with acas the impact on tribunal

[LadyTiredWinterBottom2]

I would keep on at the union rep as the situation has escalated and l would consult a no win no fee solicitor as well as someone else suggested. I know it doesn't help you short term but they might offer you a settlement. You have an ET date already don't you? Is there anything else you need to do for those forms now?

Also can you summarise the whole thing for the benefit of those that didn't see your other thread?

[incenseandpeppermints]

You have been unfairly dismissed due to maternity leave. Blatant fail by your employer. You should have an excellent case - great that you have union membership and lawyer.
Doesn't your employer have any idea that they will be handed their arse on a plate in the upcoming tribunal? And for what? Because your maternity cover wanted your job? Jeez.

[AdoraBell]

Definitely keep on with the union rep as suggested by pp. Sorry if I’ve missed this, but have you asked them to show your resignation? Make them to produce the letter /email you wrote and sent to the office.

[CharlieandLolaCat]

So I have had a quick flick through your previous post and then this one but my advice for what it's worth. Send an email with:-

• confirmation you have not resigned either in person, verbally or in writing.
• that you have consistently tried to resolve the situation with them but they have not worked with you on this.
• you consider they are unilaterally terminating your employment.
• request for written reasons for your termination and the reason for termination without notice.

Separately, speak to ACAS/union and file an ET1. I would cite discrimination (maternity and potentially marriage/civil partnership), wrongful dismissal, unfair dismissal and withheld wages (I think you said they owe you leave). There is no fee to submit an ET. It is stressful but, on the face of it, you have a case.

I am not an employment lawyer just a horrified lowly HR person so someone else may be along with better advice. But good luck.

[Titslikepicassos]

Thank you everyone.

I've emailed again that they're unilaterally terminated my employment without following due process and asking for written records etc

On a hiding to nothing but I'm not letting this go until I have to.

[Iwillneverbesatisfied]

is your DH still employed by them?

[Bluntness100]

Op keep copies of your Mail as evidence for tribunal.

They are not going to change their minds, that is clear. They aren’t going to suddenly say shit you’re right, here’s a job. The best you can hope for I think is some compensation via tribunal

However you need to be prepared because they are going to lawyer up and will have done so already before making and then sticking to the decision,

Again, this comes down to your employment contract, and what it says in terms of flexible working and location and if what they offered you is deemed reasonable. If it was not then you have a case, if your contract says it was, then by declining you’ve resigned as per your contractual terms

They have handled it badly hence why you may get some compensation but they are big, so it’s going to be tough.

In addition it makes it hard for your husband continuing to work there. What was the decision on him?

[Titslikepicassos]

No decision on my partner - he emailed straight after I did, I've heard back but he hasn't.

I'm going to extend my subject access request to include this period too.

Thank you so much for the advice!

[Titslikepicassos]

Also, I found out today that they didn't approach the witnesses in my grievance.

It looks like redundancy is on the cards for many too which might have impacted my return.

I know I'm better off out of there, but bloody hell, the injustice!