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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:
Original poster
Titslikepicassos · 10/11/2020 14:48

@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?

Nope but I'm going to phone them shortly anyway as they're telling me I need to drop my work phone, laptop and ID card off within 5 days or my wages will be docked. We're in lockdown so they can prepay for a courier. I'll ask some more questions then. They're not answering my emails so I'll surprise them with a call.
OP posts:
Bluntness100 · 10/11/2020 14:49

It is hard to keep track as there are so many factors,

I think all I can be sure of, is they are saying the policy does apply to you (they revised it right?) and that they have offered you a job in a different location but the flexi working hours are not feasible. Your refusal they have taken as your resignation as they are not willing to negotiate on location or terms.

I think they have forced you out to be honest, possibly in part due to the previous issues, but proving that is a very different animal,

You need legal representation, so need to keep on at the union. If your rep isn’t available then go to the main ljne and request someone else.

As said though, I don’t think this is legally simple that it’s constructive /unfair dismissal. Nor do I think it’s simple in terms of they are correct.

It’s going to be down to both sides presenting their case.

Original poster
Titslikepicassos · 10/11/2020 14:53

@Bluntness100 - my line manager said it applied, HR said it didn't.

The procedure for work place relationships is, a change of location only if it's a line manager and subordinate relationship. Otherwise it's a risk assessment.

OP posts:
Original poster
Titslikepicassos · 10/11/2020 14:54

I'm trying the union on and off, I've also emailed.

OP posts:
Bluntness100 · 10/11/2020 14:56

And the risk assessment has been completed? Or they will say it has been and they deem a risk. Have you confirmed if they have done a risk assessment and got a copy?

Or is there a precedent with other couples where they have not moved them?

Original poster
Titslikepicassos · 10/11/2020 15:01

We've got a copy of the risk assessment - no concerns.

There are also countless other relationships which the policy applies to but nothing has been done, not even a risk assessment.

While all of this was ongoing my line manager interviewed her co-manager's son for a position Confused you couldn't make it up.

Everything thing pieced together - it's a push out.

OP posts:
Original poster
Titslikepicassos · 10/11/2020 15:02

Bloody hell, apologies for duplicated words and terrible sentence structure!

OP posts:
UncleHerbie · 10/11/2020 15:13

If u can, record any calls with HR. Not strictly legal but good to keep in your back pocket, so to speak.

Good luck 💐

incenseandpeppermints · 10/11/2020 15:20

@UncleHerbie

If u can, record any calls with HR. Not strictly legal but good to keep in your back pocket, so to speak.

Good luck 💐

It is legal to record someone without permission - and can be accepted as evidence in court.
ilovemydogandMrObama · 10/11/2020 15:27

Throughout your last thread, it seemed to me that all you really wanted to do was to return to the job you were doing before you went on maternity leave. Simple as that.

There were some complications, and think I didn't understand that your maternity cover is still at the same location, so there goes your proof that the role can be fulfilled there. And the issue about your working relationship with your DH is such a non issue.

I am so sorry trying not to call GMB on your behalf Flowers

Recruit2020 · 10/11/2020 15:30

They want you to give up - Dont.
Whilst it is complex it is in your favour.
They know this deep down. Log everything via email. Ask for copies from their end (all reasonable requests) read all your policies top to bottom and where possible refer to points 2 point whatever... Tribunals arent cheap. They are draining. But if you know you are right take it all the way. As for your union rep. Agree with others get in touch with the company. Taking the piss frankly. Good luck.

blindinglyobviouslight · 10/11/2020 15:34

maternityaction.org.uk/advice-line/

Not read whole thread, but in case you have not been linked to this by a pp, here is access to free legal advice re employment matters to people on maternity, like you.

Original poster
Titslikepicassos · 10/11/2020 15:40

Just got off the phone to my union rep - my phone hasn't been taking his calls.

We're going to the unions legal team, he's phoning them now.

OP posts:
ilovemydogandMrObama · 10/11/2020 15:42

Excellent news.

Original poster
Titslikepicassos · 10/11/2020 15:53

Just off the phone to the union's legal team. Again, on the face of it, unfair dismissal.

I need to submit a timeline and it will be assessed by the lawyers

OP posts:
Original poster
Titslikepicassos · 10/11/2020 16:04

@blindinglyobviouslight

maternityaction.org.uk/advice-line/

Not read whole thread, but in case you have not been linked to this by a pp, here is access to free legal advice re employment matters to people on maternity, like you.

Thank you for this Smile
OP posts:
IndieTara · 10/11/2020 16:09

Rooting for you op

LadyTiredWinterBottom2 · 10/11/2020 16:11

Great news that you have made contact with the rep and they are talking to the lawyers!

TenShortStories · 10/11/2020 16:15

That sounds promising with the legal team.

I was on your old thread and have only just found this one, I can't believe what a shambles they're making of the situation. All this ducking and diving to make you disappear is leaving a trail of messes that are going to blow up into their faces.

RhapsodyandAshe · 10/11/2020 16:23

Fingers crossed for you op, have been following this on your previous thread. Honestly don't know how you have coped, I would have quite honestly dropped my marbles by now.

Whatamesssss · 10/11/2020 16:24

@Titslikepicassos

Just off the phone to the union's legal team. Again, on the face of it, unfair dismissal.

I need to submit a timeline and it will be assessed by the lawyers

That's great news, maybe read back over your last thread for the timeline might help.

Good luck. I am sure you will win, it is a clear case of constructive dismissal and that's without the maternity issue.

Why some companies still think they can get away with this is beyond me.

PleasantVille · 10/11/2020 16:27

@Titslikepicassos

Just got off the phone to my union rep - my phone hasn't been taking his calls.

We're going to the unions legal team, he's phoning them now.

If you haven't already I'd say you need to sort out the phone problem as a priority, you can't afford to miss any calls

Have you blocked him by mistake? Is he calling fron some kind of number that your phone won't recognise? Don't miss out because of technical difficulties.

AndromedaDud · 10/11/2020 16:31

I had something similar years ago when ringing 111. My phone simply did not receive their calls calling back. I kept having to ring them which took ages and they swore they were calling the correct number. My phone was working perfectly etc, no idea why. It's infinitely frustrating!

LittleMissNaice · 10/11/2020 16:33

If they want your work laptop etc back, make sure you have a copy of all relevant policies etc first

MadameMiggeldy · 10/11/2020 16:39

Copy, screenshot whatever all emails , policies that might be useful

Absolute absolute pricks

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