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Original poster

How bad have I messed up?

26 replies

VariantHela · 24/01/2023 20:32

Hi

I'm posting here as I don't know what to do, and I suspect I've gone about this all wrong and I'm in trouble.

For context, this may be long so get comfy.

In April 2021 I started a job with a small company (less than 10 employees) on a full-time basis.
Abit of background without being too outing, the company is ran by 2 managing directors (older men) a team-lead (male) and 4 females who do everything else.

We typically only deal with one MD as the other one deals with the finances.

I was happy to accept the job as the MD I was dealing with seemed genuinely quite kind, hybrid working and l was fed up of my old job.

About three months into the job I found out I was pregnant with my first baby, and when I was 12 weeks gone I told my team lead, who then told the managing director. Everything was fine.

However, the team leader at the time handed in his notice the same week, and he was replaced with another man. This replacement is awful. He makes snide comments, generally quite sexist and gives no hoots about us female's in the office. Says hello to the blokes, ignores us that kind of stuff. Also, after his hiring the MD pretty much didn't deal with us anymore.

All this aside, I knew that I had to give work formal notice of my pregnancy and tell them that I wanted to take maternity leave. AFAIK the company were supposed to acknowledge this, confirm end dates etc etc all within a set time frame. They didn't do this, and I never got any confirmation in writing until I was almost 36 weeks pregnant and it was my last day in the office (everything was verbal). I knew this was wrong but I didn't chase it up hard enough.

Up until the day I left, the new team lead was making my working life difficult, asking me to do physical jobs such as lifting boxes etc. I always declined because of my pregnancy and I got fed up with it. I wrote to the MD and asked for a occupational health review (I think that's what theyre called) this was declined. They stated it wasn't needed.

Fast forward, I've had my baby. Not heard a word off anyone, but I didn't expect them to give a monkeys anyway. My maternity leave official finishes February 28th 2023.

In October 22 I was doing some life admin, sorting out childcare etc and it becomes obvious I only have childcare for 4 days rather than 5 and a flexible working request needs to be submitted. This was done in writing to my employer in early November 22.

I hear absolutely nothing until an email at 10pm on the 23rd December from our HR department (they are outsourced so not an actual department within our office). The flexible working request is declined. Their reasons being the 'MD wants everyone in'. There's been no communication.

I take umbrage with this, I dont feel its a genuine reason to decline the request. After abit of tooing and throwing I decided the company wasn't worth my time, or my mental health - I hand my notice in. My last working day will still be 27th February 23 and I will remain on maternity leave.

It's the week after Xmas so I decide to look for new work, log into LinkedIn etc. I get headhunted for a role, I have an interview and offered a job, a very speedy turnaround. Happy days.

The HR company emailed me on Friday. They say in their response that they accept my resignation. However, it also says that "they know I have a new job and they know it is my intentions to start a new full-time job whilst I'm still employed, and I am in breach of my contract"

This is not true.

FWIW the new role is part-time due to the aforementioned childcare issues. I haven't started this job. It is my intention to start in March. They don't believe me.

The HR companies 'proof' of this is a screenshot fron LinkedIn of a profile of the new company, and a screenshot of my own profile stating that I've started new employment. This looks bad. I did update my LinkedIn with the new role, I know I shouldn't have done this until I had started but I did, and I hadn't noticed its automatically inputted a start date (i.e today)

I get where they're coming from....but how much clout does a LinkedIn post actually have? Can they do anything? I'm worried I've breached my contract somehow. I wish I had pushed more regarding my rights during maternity leave but they just made life difficult.

It's making me want to dig my heels in (I know that's not the way to deal with it, but I cant help it, I'm mad). Would I have any success claiming constructive dismissal?

I've explained everything to the HR person but they don't believe me, and she keeps emailing me (5 times today essentially saying the same thing each time). I've replied asking exactly what it is they want me to do? Its become too much so I've blocked them. I feel harassed.

OP posts:
TheGriffle · 24/01/2023 20:35

Have you got a contract for your new role showing your correct start date?

Wibbly1008 · 24/01/2023 20:37

Email them your contract for new job (black out the salary). Do you have a union? I would tell HR clearly this is not a breach, but it is harassment and you will seek legal action if you must.

Wibbly1008 · 24/01/2023 20:38

Linked in is like Facebook - it’s cobblers they are trying it on

Mum97540 · 24/01/2023 20:39

Or an offer letter? Just send the HR person a copy.

LIZS · 24/01/2023 20:39

You made a mistake updating your profile. You resigned but were on ml (paid?) and need to formally respond in writing if the accusation is made. Were they not asked for references? What is their loss? Not sure how you think it is Constructive Unfair Dismissal though, it was your choice to leave rather than appeal the request.

DottyLittleRainbow · 24/01/2023 20:41

They don’t have a leg to stand on and are massively trying their luck. Assuming there’s not a clause in your contract that you need to return for a certain amount of time based on any enhanced mat pay or anything? You’re entitled to resign and take any job you want. They are just fed up as they obviously thought if they declined your flexible working request then you would just do what they want, and now they have to go to the effort of recruiting for your post. But that’s not your problem.

The whole situation seems quite bizarre tbh! I would take advice from ACAS and Pregnant Then Screwed. And if they continue to hassle you then report them to the police for harassment.

Original poster
VariantHela · 24/01/2023 20:41

LIZS · 24/01/2023 20:39

You made a mistake updating your profile. You resigned but were on ml (paid?) and need to formally respond in writing if the accusation is made. Were they not asked for references? What is their loss? Not sure how you think it is Constructive Unfair Dismissal though, it was your choice to leave rather than appeal the request.

Yes I see your point, I did resign rather than appeal.

I was only on SMP which finished in November. I dont know exactly what their loss would be, I haven't been there for 12 months

OP posts:
Original poster
VariantHela · 24/01/2023 20:45

DottyLittleRainbow · 24/01/2023 20:41

They don’t have a leg to stand on and are massively trying their luck. Assuming there’s not a clause in your contract that you need to return for a certain amount of time based on any enhanced mat pay or anything? You’re entitled to resign and take any job you want. They are just fed up as they obviously thought if they declined your flexible working request then you would just do what they want, and now they have to go to the effort of recruiting for your post. But that’s not your problem.

The whole situation seems quite bizarre tbh! I would take advice from ACAS and Pregnant Then Screwed. And if they continue to hassle you then report them to the police for harassment.

Thank you.

I think they are annoyed because rather than accepting their decline for the flexible working I've decided to leave. It leaves them a person short. I never had any company maternity pay it was SMP so nothing in my contract regarding returning funds etc

OP posts:
Original poster
VariantHela · 24/01/2023 20:46

TheGriffle · 24/01/2023 20:35

Have you got a contract for your new role showing your correct start date?

I do, and I will show it to them if I have to but at the moment I really don't want to. I feel like they've been underhanded

OP posts:
vincettenoir · 24/01/2023 20:50

Unblock them and provide them proof of your start date.

Put your thoughts about constructive dismissal aside for the moment and revisit them if you want to once this other issue over breach of contract have been resolved.

superking · 24/01/2023 20:55

You don't have to prove anything to them. If you've explained the facts then that's all you need to do. The only action they could feasibly take is to sue you for losses caused by your alleged breach of contract, for which they would have to prove a breach (impossible as you have your new contract as proof of start date) and prove a loss (very hard).

If they continue to email you about it I would send one final email confirming your new start date and stating that you will not engage any further on this matter. There's nothing they can do.

superking · 24/01/2023 20:57

I would also drop the constructive dismissal idea. Again very hard to prove (imo refusal of a flexible working request in the circumstances you describe doesn't come close especially as you didn't appeal) and you don't really have anything to gain from it. Just totally disengage.

dontlookgottalook · 24/01/2023 20:58

They sound appalling and have treated you very badly. I'm pretty sure it's not constructive dismissal however, just a a really unpleasant bunch of people facilitated by an uncaring and sexiest office culture. I'm not sure whether you have to help them with this - they have accepted your resignation and you are doing no wrong. What do they think they will do about this? They sound awful..

SliceOfCakeCupOfTea · 24/01/2023 20:58

If you have proof and aren't sending it through then you're being ridiculous

Original poster
VariantHela · 24/01/2023 21:00

I will forget about the constructive dismissal. I have responded to explain it again, and that if they wish to continue they will have to write to me instead, and that I will not be engaging further via email.

OP posts:
Slobbet · 24/01/2023 21:01

Sounds like sour grapes on their part. I’d inform them of your start date and leave it at that.

SliceOfCakeCupOfTea · 24/01/2023 21:01

Ime outsourced hr companies are box tickers so they won't care about how you feel, they are there to protect the business. As far as they 'know' you resigned and started working somewhere before finishing your contracted notice period. You've given them no evidence to the contrary other than your say so. They have "proof" otherwise by you updating LinkedIn while still employed by the original company.

Send the proof.

superking · 24/01/2023 21:12

The point is that OP has no obligation to prove anything. She has resigned in accordance with the terms of her contract and is starting a new job once her resignation takes effect. If her current workplace want to poke around on social media sites and draw incorrect conclusions then that's up to them, OP has given them the correct facts and doesn't have to "prove" anything. If they're not willing to take her word for it then they can consider whether to take matters further - for the reasons I've explained above they wouldn't get anywhere with this.

Atethehalloweenchocs · 24/01/2023 21:25

I have a friend who has represented her company a few times when ex employees have sued them. She said that if their claim is less than 10K it is not worth it to the company to fight. So unless they have money to burn I doubt they will actually take any real action.

Original poster
VariantHela · 24/01/2023 21:27

superking · 24/01/2023 21:12

The point is that OP has no obligation to prove anything. She has resigned in accordance with the terms of her contract and is starting a new job once her resignation takes effect. If her current workplace want to poke around on social media sites and draw incorrect conclusions then that's up to them, OP has given them the correct facts and doesn't have to "prove" anything. If they're not willing to take her word for it then they can consider whether to take matters further - for the reasons I've explained above they wouldn't get anywhere with this.

Thank you for your support.

I have very begrudgingly sent it across. Not my full contract but an offer letter which confirms the start date. I just want rid of them.

OP posts:
Paq · 24/01/2023 21:43

Your old company sounds batshit. Do you have any company property (laptop etc.) to return? If not then just ghost them.

Bard6817 · 24/01/2023 21:49

I’d have not responded to the old company. Let them send whatever emails they wish. File them for future use.

Sour grapes yes.

I think they were more worried about a CD case because of their actions. so went on a fishing expedition via email. Essentially trying to get you to say soemthing that would undermine your own case.

Id forget the CD case.

Move on. I’d leave them a glassdoor review though….

Good luck in the new job.

Original poster
VariantHela · 24/01/2023 22:02

No I have no company property to return

OP posts:
Aprilx · 25/01/2023 07:50

All you need to do is correct your LinkedIn profile and confirm to your existing employer that you are not working for anybody else and don’t intend to. People are referring to them as your old company, they are not your old company, they are your existing employer and they are perfectly within their rights to question your LinkedIn profile.

If one of my employees on maternity leave announced to the world on LinkedIn that they had a job elsewhere, I would question it too. Quite how you think this could possibly be “constructive dismissal” when you have already resigned anyway is behind me. You have caused this situation (by putting incorrect information on your Linkedin profile) and I do think you need to remedy it.

Bigbadfish · 25/01/2023 08:25

Simply reply stating that their information is incorrect and you are under no obligation to correspond with them regarding the new role.