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]

Yes if there is redundancy on the cards they may have taken the easy out here op. It’s beyond shit. They could be looking to reduce how much they need to spend, and the amount of bad news they need to give.

[longtompot]

@Titslikepicassos My situation was a bit different to yours, but yours resonated with the injustice of it all.
Many years ago (over 25) I started working for a company on a work employment scheme. When I started working with them I had about a 20 min cycle ride away from my home.
They then moved to another town, and I was taken on full time. I also by this time had moved in with my now dh who was now also employed by them. Very low wages, but lots of carrot on the stick stuff by the boss. The new place was a half an hour drive each way, which we just about could afford. The reason for all the moves was for bigger workshops.
After a time, we were then relocated to another workshop, again just over half an hours drive each way.
They then decided they were going to move to yet another workshop, this time a good 45 min drive each way on a good day. We said we just couldn't afford to move to the new workshop.
After much discussion with the manager, not big boss as he was now far too important to speak to us, I was asked if I was moving to the new place and I said we just couldn't afford it, and they said we'll be sorry to see you go. Same with my dh, and by 2pm, we were off home with no job.
I can't remember who suggested it, it may have been the job centre or we may have gone to CAB, but they said it sounded like I had a good case for constructive dismissal.
I took them to tribunal which I sadly lost, but only because my first year was government paid employment, but the judge told me had I been with the company for over 2 years and if they had paid me the whole time, I would have won.
I don't know if there is anything further you can do. I have only read bits and bobs of your threads, but it's so upsetting companies can get away with things like this. I hope your dh still has his job, and I wish you all the best for your future.

[CausingChaos2]

Your union rep should be heavily involved- don’t let them fob you off. Infact I would ask your union that all communications now go through them, for both parties.

[prh47bridge]

@Titslikepicassos - Based on the information posted here it sounds like you have a good case for unfair dismissal. You may also have a case for maternity discrimination. It may be that they will offer you a settlement agreement, which will mean that you agree not to take any action against them in return for which they pay you some money. If they don't, you should definitely consult a lawyer or your union about taking them to employment tribunal.

[Titslikepicassos]

Thanks all,

Sorry to hear that others have had issues with employers.

I've just got off of the phone with ACAS who feel I have strong case for constructive dismissal. They advised that I send an email as per previous posters advice. On the face of it, it looks like maternity discrimination and victimisation for reading a grievance, but I'm aware that employment tribunals can be difficult.

[ilovemydogandMrObama]

Where on earth is your union rep?

Constructive dismissal is really tricky. Your employer would argue that the need for you to move locations was based on business needs, and despite their best efforts, you were not willing to move, hence termination of contract, blah blah blah.

Presumably you still are being supported by the union solicitor?

Call the union HQ and speak to their legal team. You should be a priority.

[Bluntness100]

What has acas bases that decision on? Have they reviewed your contract and the communications?

[RandomMess]

If the ops maternity cover is still working in the ops role at her original location they can't argue that the op needed to move location!!

I hope you feel strong to go through with the employment tribunal and I hope pregnant and screwed can recommend a solicitor who would have expertise to take it all the way with them on principal.

[Titslikepicassos]

They agreed that on the face of it there is no business need - if there was, my maternity cover would be moved.

In regard to the mobility clause in the contract, there is a procedure to follow, telling me I have to move and at the same time telling me I have a legal right to my old role doesn't make sense.

My union rep is missing! I've tried the main office but getting no where at the minute

[Titslikepicassos]

You've all been really helpful.

I'm definitely taking this tribunal. At this point I have nothing to lose. My mental health has really taken a nose dive since all this began and I'm now medicated, but I would regret it if I didn't carry this through to the end even if I lose.

[Bluntness100]

Is your maternity cover permanent? Or are they due to leave after your leave was forecast to end?

[Titslikepicassos]

My maternity cover was a senior staff member who was put into my management role in an acting capacity.

[incenseandpeppermints]

Your maternity cover is still there doing your job - therefore your job still exists. Your role has not been made redundant so you have been unfairly dismissed. I don't think this is constructive dismissal as you didn't leave your position, rather it was terminated by your employer who has shown total disregard to any processes, to employment law, and to you a new mum who has been treated horribly.

[TerribleCustomerCervix]

Can’t believe your union representative has left you to deal with this alone.

As I said earlier, DH does this for a living. Someone in your position would be an absolute priority. I know union staff are very busy at the moment, but you have an immediate need to support and advice, and the lack of response isn’t good enough.

You’ve been paying your dues, you shouldn’t have to be looking elsewhere for legal advice because your rep can’t manage his workload!

Can you escalate through Union HQ? Instead of asking for your current rep, you could could contact a more senior member of staff who represents your employment area. Most unions have staff structures and contact info on their websites.

[prh47bridge]

Your employer would argue that the need for you to move locations was based on business needs, and despite their best efforts, you were not willing to move, hence termination of contract, blah blah blah

They can argue that all they like. That is unlikely to fly in a situation where they have told her she has resigned when she has not, in fact, done so. They do not appear to have followed any sensible process. As a result, it sounds to me like the OP has an excellent case. I'm not sure whether I'd call it constructive dismissal or unfair dismissal but it sounds very much like one of those applies.

[Bluntness100]

@Titslikepicassos

My maternity cover was a senior staff member who was put into my management role in an acting capacity.

Ok but that doesn’t answer it, sorry, she’s doing it now in an acting capacity but will she continue to do it, is she doing the role permanently from now on?

The fact she’s assigned to do it till your cover was due to end isn’t relevant, what’s relevant is is the job forecast to continue past when you were scheduled to come back? Does the role still exist past that point?

If she’s only temp in the job and it disappears after your maternity was forecast to end and they were attempting to find you an alternate role because of this, it’s a very different story to her being given your job permanently and you being kicked out of it.

[Titslikepicassos]

@Bluntness100 - yep the role is permanent, is needed and will be there. While I'm not sure whether my acting manager will remain in mine his post, I don't know. I imagine he will need to interview and the job be advertised

[ilovemydogandMrObama]

@prh47bridge

Your employer would argue that the need for you to move locations was based on business needs, and despite their best efforts, you were not willing to move, hence termination of contract, blah blah blah

They can argue that all they like. That is unlikely to fly in a situation where they have told her she has resigned when she has not, in fact, done so. They do not appear to have followed any sensible process. As a result, it sounds to me like the OP has an excellent case. I'm not sure whether I'd call it constructive dismissal or unfair dismissal but it sounds very much like one of those applies.

I think the regional director who sent her the email has received the draft from the inept HR department, who took advice from their legal department, and that there was a termination of contract.

Am guessing of course, but the terms being used don't make sense. not to mention terminating the contract of a woman from maternity leave

[Bluntness100]

Ok so then it’s down to the fact you started a relationship with a colleague and they could no longer have you both working together due to them considering it a conflict of interests.

And you’ve been unable to take the new proposed role due to child care issues as you’ve now a commute,

It’s complicated, and I’m not sure, but I can see why they could deem it reasonable in the proposed role and also why they feel it is their right to refuse the flexi working request. Child care isn’t their issue.

So basically it’s back to due to you starting a relationship with a colleague they have deemed you can no longer work together, they wish to move you, and have deemed the new role location and hours to be reasonable in terms of your contract and your previous hours

Honestly I don’t think this is cut and dried, I think it’s complex. I’d chase it through to tribunal, but I can see both positions.

They are saying it is inappropriate for you to work so closely with your partner and it is preferable for them to move you than him for business needs. They need you to keep the same hours.

You are saying you should be entitled to your existing role, it’s not inappropriate to work together and if you take the new role you should be entitled or flexible working.

I’m not sure which way that would go, but they’d need to prove the risk they deem in you and your partner working together, and why the new role can’t be done under flexible conditions.

[Bluntness100]

Your role has not been made redundant so you have been unfairly dismissed

This would normally be correct but the reason the op has been moved is because she is in a relationship with a coworker and they have deemed it inappropriate for them to work Together. They have said the business needs him in position but the business finds it preferable to move her, this is their right.

They have them offered a replacement role at a different location to get over the conflict, but the op has not undertaken it due to requiring flexi working. Her contract deems the move as reasonable and they do not agree the flexi working, again as is their right..

They have in turn said as she has not taken the proposed role she’s effectively resigned.

Which I can see why a lawyer would agree that. It’s harsh but there it is

The fundamental issue here is two co workers in a relationship and the ops inability to do the new role due to child care constraints.

[Titslikepicassos]

No, sorry @Bluntness100, you're right it's complex and so big but you're missing some parts.

I informed work of my relationship years ago, we don't work together as such, but we can see each other (hard to explain). Think a school, with a sure start centre attached or something.

There has always been a policy for working relationships, the nature of our relationship means it is not applicable to us.

My line manager tried to use this policy to move ME not my partner. When I complained to HR they intervened because the policy is not applicable to us.

When that they failed to shift me, she went back on my prearranged hours. Childcare was all sorted but couldn't be changed due to Covid. I asked for a help for 3 months to see which way Covid was going.

I put in a flexible working requests and shortly after a formal grievance. I chased the flexible working request 17x by email and phone because after the initial confirmation it had been received, I heard nothing. Eventually HR said I hadn't put a formal request in. I sent them the proof.

They disappeared for a while, said they would sort mediation, get me back to original role and then look at my flexible working request again. They said they would be understanding to my childcare needs in that time and offer a phased return. Really lovely and supportive... 7 days later I am unemployed.

[Titslikepicassos]

The nature of our roles not our relationship means it is not applicable to us, it should say

[katmarie]

If the underlying issue is that op and her partner can't work together, then that should have been addressed when the policy was brought in over a year ago. It is complex, but there are some simple points within it. Your pre-maternity role is still there but you are not being allowed to return to it. Your flexible working request wasn't dealt with correctly. And now you have been terminated without due process. I think the union has let you down horrendously right now, if I was your rep and my union found out I'd gone awol, they would have probably fired me as a rep. for what it's worth you can contact GMB head office on 020 7391 6700. I would make that call as a priority and light a fire under them.

[ilovemydogandMrObama]

What Katmarie says.

Have you called HR to find out why the last communication you had with them was about arranging mediation, in other words to facilitate going back to work, and then you get the email from your Regional Manager?

[Titslikepicassos]

@katmarie

If the underlying issue is that op and her partner can't work together, then that should have been addressed when the policy was brought in over a year ago. It is complex, but there are some simple points within it. Your pre-maternity role is still there but you are not being allowed to return to it. Your flexible working request wasn't dealt with correctly. And now you have been terminated without due process. I think the union has let you down horrendously right now, if I was your rep and my union found out I'd gone awol, they would have probably fired me as a rep. for what it's worth you can contact GMB head office on 020 7391 6700. I would make that call as a priority and light a fire under them.

Nicely simplified, that's pretty much the gist of it. They could have forced my hand a lot earlier in this process, god knows why they chose to make such a mess of things!