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!

That’s great you’ve finally got the union back on the case - was on your old thread right from the start and have been dismayed at the recent developments. Here’s hoping things start to move now.

That’s really positive that the unions lawyers are to be involved.

If you win you could be in for a good pay out. However as said, I think it’s complicated.

As others have said, make sure you keep every single shred of documentation and all your contact details before giving any equipment back,

I’d be tempted to tell them that you’re currently seeking legal advice and will revert. So they know it’s not over.

You can 100% get a compromise agreement after you've been dismissed. It would take away your rights to go to tribunal, so you would have a strong position to get a good settlement. I would recommend this over the stress of a tribunal. Focus on your new life. They are shits and they will pay £££
to cover it up.
The basic that would be offered is your notice period pay plus a couple of weeks extra pay usually, plus any outstanding holiday. But you can say you want to get in a compromise agreement. So you might ask for three / four / five / six months pay, them to pay for the rest of your qualification and your notice period paid. You could suggest write to off a loan or fees for qualification if applicable. The world is your oster, don't take their basic offer. Aim high and say due to Covid I want 6 months pay, plus notice period if you would be happy with 4 months. Plus they pay the compromise agreement fee usually up to a set amount. It's not much and you can prob do on Skype with a solicitor in an hour as long as you think about what you want first. Good luck .. sadly I've had two compromise agreements as in my industry companies take you on and then get rid when they don't need you any more, second time
I knew how to make it work for me!

I can’t wait for the post telling us you’ve got a massive payout alongside a promotion and payrise for a competitor that’s only a 2 minute drive from home! Other than that I’ve no useful advice, good luck though x

I hope your DH has been told he can keep his job. But I think he would be wise to look for a job at another organisation. This could get uncomfortable for him.

I very much doubt at this stage rhey are willing to discuss a compromise agreement, they obviously think they are legally right. They would only likely look to settle if they felt a tribunal was not going their way.

I can’t believe any large org did this without legal sign off. The op needs to submit all documentation, inc pre mat leave discussions on the move of the role, to the unions lawyers so they can make an informed decision.

Because what we likely have is one set of lawyers who have said this is legally acceptable snd now another set who have to decide based on the same documentation.

Or they have said fuck it, we will take our chance, but that’s highly unlikely with a large org and the op being w female on mat leave. The reputational impact would be huge.

I do wonder if the company have accidentally cocked up by missing out a bit of information when consulting with their legal advice.

Thank you all.

So, feeling all motivated, I have sent all docs and an updated timeline of events to the lawyers.

I'm tempted to do as @Bluntness100 said and email saying I'm taking legal advice so they know I'm not completely defeated and crying in the bath again

Good news in regard to DP - he interviewed for a post earlier this year but missed out. He was emailed today, asking if he wants a similar post. Same pay, but an hour closer to home.

He hasn't heard from work yet, but at least there is an option there!

Glad you finally got a hold of the union Rep OP... I woudl also consider contacting maternity action for backup support.

I potentially wouldn't give them the heads up on seeking legal advice, don't play all your cards, let them second guess you.
Let the Legals communicate with them when needed. Fight this all the way though, they have treated you horrifically and the emotional damage is as hard to deal with as the financial repercussions.
I'm still struggling with how my former employer dealt with me when I raised a serious grievance, the efforts they went to get rid of me caused me to attempt to take my own life and I worked for a Mental Health charity. They were only concerned with their 'reputation'.
Some employers give no fucks how they treat employees, they are mostly dispensible and money buys silence :-(

Amazing news about your DP, what a good option to have.

I've read both threads and was appalled by how you were treated then and now. I am happy that union are now involved to support you and fight on your behalf.

I'm with others in rooting for you & hopefully things will get better moving forward.

Keep going!

I would. Purely because I’d be reticent to let them off the hook even for a second. I’d let them worry,,,

Glad you are feeling more motivated. Bloody well done 👍

I would do what ManxiousCat suggested and keep your powder dry for now.

Also, if I was your DH I would move to a competitor. Not saying he should, just what I would do, stuff them.

@ManxiousCat

I potentially wouldn't give them the heads up on seeking legal advice, don't play all your cards, let them second guess you. Let the Legals communicate with them when needed. Fight this all the way though, they have treated you horrifically and the emotional damage is as hard to deal with as the financial repercussions. I'm still struggling with how my former employer dealt with me when I raised a serious grievance, the efforts they went to get rid of me caused me to attempt to take my own life and I worked for a Mental Health charity. They were only concerned with their 'reputation'. Some employers give no fucks how they treat employees, they are mostly dispensible and money buys silence :-(

Sorry to hear about your experience @ManxiousCat, that's awful!

I wish I could out my company, the industry that I'm in makes this whole situation all the more shitty. Not that this behaviour towards employees should be acceptable in other industries.

I've double checked my paperwork while sending it the lawyers, and the regional director looks like a massive fucking idiot. Everything he has said for the reasons of my 'resignation', the grievance outcome says differently. If there is a legal team dealing with this, I'm not sure why they didn't look at any of the evidence before steam rolling in with dismissal.

I am looking forward post tribunal this being splashed all over the papers!!!

Thanks again for all the support.

This company have gaslighted me so much, that I was starting to feel like I had done something wrong.

@RandomMess

I am looking forward post tribunal this being splashed all over the papers!!!

Ha my friend said I should go for a sad face article in the press, given the current climate and the issues women have faced throughout covid.

Just had to post to say Well Done and Good Luck. You have been treated appallingly. You will definitely win this tribunal and you are doing the right thing in standing up to people like this.

I think your company's legal team has gone off half cocked as they may have only some of the relevant information. They've been spun a story about you and their advice is predicated on the bullshit they've been told. It's all gonna blow up in everyone's face but yours 💥

@ManxiousCat 💐
I hope you’re in a better place

#TeamTits

I did wonder if the RD has acted without proper consultation with all parties. It seems very odd that HR said something pretty and he has done this out of the blue.

Wish I had some advice but sending you all the luck to take these bastards to the cleaners

No advice, but really cross on your behalf and hope you win.