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Dismissed while pregnant - employer using an old resignation letter

135 replies

Kipdfgy · 07/05/2025 12:26

Hi all,
I’m 11 weeks pregnant and really shaken by what's just happened at work. I’ve been with the company (a small family-run business) for 4 years in a managerial role. After I told them about my pregnancy, they immediately started pressuring me to return just 2 months after giving birth and to go full-time by April 2026. They also asked me to arrange all antenatal appointments on specific days to “minimise disruption,” even though these are set by the NHS.

Earlier this week, after another day of being criticised and overhearing my boss complain about me on the phone to my colleague (again! FYI they have been keeping a secret document of all my mistakes, which I found out about. They have never formally addressed these with me), I had an emotional outburst and left work early. In the heat of the moment I said I was resigning and didn’t hand anything formal in. But later that day, I got an email saying they were “accepting” a resignation letter I’d submitted and withdrawn back in 2024 — over a year ago! I have queried this and said I haven’t resigned and it’s unlawful to use and old document that was withdrawn as I continued working. They won’t accept they are wrong.

I feel like they’ve used this as an excuse to get rid of me and avoid maternity pay. I’ve never been disciplined, I met all my targets, and I feel like this is discrimination. I’m speaking with ACAS, but I just feel lost, angry and quite emotional right now.

Has anyone been through anything like this? Any advice or solidarity would really help.
Thanks so much.

OP posts:
PhilippaGeorgiou · 07/05/2025 14:41

PestoPasto · 07/05/2025 13:57

I would be denying that I had done this to be honest and asking them to prove it. Do they have witnesses?

Well there is written communication about the matter, but equally, even without witnesses (and there probably are) is the OP willing to commit perjury in a court of law? Because ultimately that is what you are advising them to do. Yes, people do lie in court. But it isn't something I would either advise or condone. The OP resigned verbally. They may have changed their mind, but they did it.

Comefromaway · 07/05/2025 14:47

OP, you need proper legal advice. It sounds like you have a good case for constructive dismissal.

Welshmonster · 07/05/2025 15:24

They can’t use your letter from last year.

do you have legal cover on your home or car insurance as you can ask them anything? It’s well worth the fee at next renewal on one of your policies.

verbal resignations can be withdrawn after things have cooled down. At the end of the day it’s their word against yours. Who heard you say it?

speak to an employment solicitor asap as many offer free 30
minutes.

also you can slap employer with a subject access request for all the data they hold on you and if they omit bits then big fine from ICO.

they will have emailed each other about this.

Shinbag · 07/05/2025 15:28

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UnicornBubble · 07/05/2025 15:29

Are you still “working the notice period” if you have any physical evidence like emails etc send them onto your personal email address. Collect whatever evidence you can.

That resignation letter, did you date it originally? And I assume you mentioned dates of when you were originally planning to leave? They would have to present this as evidence and the fact that those dates will be from last year will likely go in your favour, showing you didn’t resign.

Defo take it up with ACAS!! I believe being pregnant is a “protected characteristic” and you should be able to take it to tribunal.

Shinbag · 07/05/2025 15:29

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Shinbag · 07/05/2025 15:30

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prh47bridge · 07/05/2025 15:40

If they agreed to you withdrawing your resignation last year, they can't use that as your resignation now. However, unless your contract requires notice to be in writing, they can hold you to your heat of the moment resignation regardless of your emotional distress. They don't have to allow you to withdraw that.

SirRaymondClench · 07/05/2025 15:44

PestoPasto · 07/05/2025 13:57

I would be denying that I had done this to be honest and asking them to prove it. Do they have witnesses?

Right so you'd lie about it but you expect OP's employers to be held to the letter of the law? 🙄 What a shitty attitude you have towards employers.

TinyFlamingo · 07/05/2025 15:44

I know an amazing descrimination lawyer after you've spoke to

Maternity Action
Pregnant and Screwed
ACAS

If you want the recommendation please shout!

I'm sorry you're feeling so stressed at a time where you should be looking after yourself and growing the little human, try and look after yourself even though the circumstances are hellish.

Hugs x

ExpressCheckout · 07/05/2025 15:44

Please continue to work with ACAS, given the pregnancy and bullying, and any other evidence you can throw at them.

Also, lesson learned? Businesses making a 'thing' out of being 'family run' are often a law unto themselves. Stay clear.

ExpressCheckout · 07/05/2025 15:45

TinyFlamingo · 07/05/2025 15:44

I know an amazing descrimination lawyer after you've spoke to

Maternity Action
Pregnant and Screwed
ACAS

If you want the recommendation please shout!

I'm sorry you're feeling so stressed at a time where you should be looking after yourself and growing the little human, try and look after yourself even though the circumstances are hellish.

Hugs x

^ This looks great OP

Kipdfgy · 07/05/2025 15:48

Also, can I just clarify that the old resignation was handed in by myself as I had enough of the severe micro-managing as it was affecting my self confidence. I only withdrew it after a meeting with my employer where they asked me to reconsider leaving.

OP posts:
Umidontknow · 07/05/2025 15:52

Kipdfgy · 07/05/2025 12:58

Yes I have. They are adamant I resigned.

But you did.

GertieLawrence · 07/05/2025 15:52

Kipdfgy · 07/05/2025 15:48

Also, can I just clarify that the old resignation was handed in by myself as I had enough of the severe micro-managing as it was affecting my self confidence. I only withdrew it after a meeting with my employer where they asked me to reconsider leaving.

Edited

What have ACAS said?

Kipdfgy · 07/05/2025 15:53

GertieLawrence · 07/05/2025 15:52

What have ACAS said?

Nothing. Yet.

OP posts:
Horserider5678 · 07/05/2025 15:53

Kipdfgy · 07/05/2025 12:26

Hi all,
I’m 11 weeks pregnant and really shaken by what's just happened at work. I’ve been with the company (a small family-run business) for 4 years in a managerial role. After I told them about my pregnancy, they immediately started pressuring me to return just 2 months after giving birth and to go full-time by April 2026. They also asked me to arrange all antenatal appointments on specific days to “minimise disruption,” even though these are set by the NHS.

Earlier this week, after another day of being criticised and overhearing my boss complain about me on the phone to my colleague (again! FYI they have been keeping a secret document of all my mistakes, which I found out about. They have never formally addressed these with me), I had an emotional outburst and left work early. In the heat of the moment I said I was resigning and didn’t hand anything formal in. But later that day, I got an email saying they were “accepting” a resignation letter I’d submitted and withdrawn back in 2024 — over a year ago! I have queried this and said I haven’t resigned and it’s unlawful to use and old document that was withdrawn as I continued working. They won’t accept they are wrong.

I feel like they’ve used this as an excuse to get rid of me and avoid maternity pay. I’ve never been disciplined, I met all my targets, and I feel like this is discrimination. I’m speaking with ACAS, but I just feel lost, angry and quite emotional right now.

Has anyone been through anything like this? Any advice or solidarity would really help.
Thanks so much.

Take them to tribunal. What they have done is illegal and unlawful. They won’t have a leg to stand on so will try and offer you pre tribunal settlement. Unless it’s a really good offer don’t accept it and let the tribunal decide.

HiddenInCubeOfCheese · 07/05/2025 15:53
  1. what’s the company policy on resignation? Is it in writing to line manager and/or anyone else?

  2. If it was verbal, just deny their phrasing. “I wish I had resigned” for example cuts their argument off at the knees

  3. Go on the ACAS website right now and fill in the reconciliation form thingy. It’s like meditation before you get to tribunal. That’s not actually going to happen. You just want a case reference number to scare the absolute shite out of them

HiddenInCubeOfCheese · 07/05/2025 15:54

SirRaymondClench · 07/05/2025 15:44

Right so you'd lie about it but you expect OP's employers to be held to the letter of the law? 🙄 What a shitty attitude you have towards employers.

Oh come off it. Employers screw you every single which way they can. It’s a business, for both parties, not a campfire

ThejoyofNC · 07/05/2025 15:57

Horserider5678 · 07/05/2025 15:53

Take them to tribunal. What they have done is illegal and unlawful. They won’t have a leg to stand on so will try and offer you pre tribunal settlement. Unless it’s a really good offer don’t accept it and let the tribunal decide.

You're wrong.

Horserider5678 · 07/05/2025 15:57

SirRaymondClench · 07/05/2025 15:44

Right so you'd lie about it but you expect OP's employers to be held to the letter of the law? 🙄 What a shitty attitude you have towards employers.

In this instance it’s the employer that has the shitty attitude! An old resignation letter cannot to be used. At tribunal they would not have a leg to stand on. Under discrimination laws pregnancy is a protected characteristic, so any tribunal is likely to prove in favour of the employee!

HiddenInCubeOfCheese · 07/05/2025 15:58

PhilippaGeorgiou · 07/05/2025 14:41

Well there is written communication about the matter, but equally, even without witnesses (and there probably are) is the OP willing to commit perjury in a court of law? Because ultimately that is what you are advising them to do. Yes, people do lie in court. But it isn't something I would either advise or condone. The OP resigned verbally. They may have changed their mind, but they did it.

Right, an actual lawyer here. This isn’t going to court.

Besides, who is to say the OP is lying. Something said in the heat of the moment…her memory of it WON’T be rock solid.

OP - be very careful with the Take A Break legal advice being handed out here by people who aren’t lawyers. I’m a lawyer…this MN fables “free 30 mins” is just bollocks.

You don’t need a lawyer for this. These arguments are never legal ones. It’s some pretty straight forward constructive dismissal and then 90% pure negotiation skills. I second PPs who has said to make a SAR. Just be careful not to play your hand too quickly, nor all at once

GertieLawrence · 07/05/2025 16:00

Kipdfgy · 07/05/2025 15:53

Nothing. Yet.

Ah ok, when you said you’re speaking to ACAS I took it as you’re already communicating, not that you intend to.

Phone them, I’d do it now before their lines close if I were you. They’ll give you general advice immediately and probably ask you for a copy of your contract and employee handbook for more in-depth advice.

SirRaymondClench · 07/05/2025 16:00

Horserider5678 · 07/05/2025 15:57

In this instance it’s the employer that has the shitty attitude! An old resignation letter cannot to be used. At tribunal they would not have a leg to stand on. Under discrimination laws pregnancy is a protected characteristic, so any tribunal is likely to prove in favour of the employee!

I agree an old resignation letter can't be used. Same as OP can't keep resigning and then backtracking.

Neither side should be lying about it though.

And nobody should be advocating they do.

AgricClucky31 · 07/05/2025 16:00

Have you checked your contract or employee handbook regarding resignation, accepted method and notice period? It may (should) state that notice must be given in writing (or verbally) with 'x' days notice, stating start date and last working day.

Have you documented your negative interactions regarding your pregnancy? Are there any emails or texts relating to this? If there are, take a copy of those now. If you haven't documented any conversations, do so now with dates.

It sounds like your employer is awful. However, as others stated, you haven't done yourself any favours either. That being said, pregnancy is protected within the work place in the UK and you have certain rights and they must adhere to government employment policy. If they haven't treated you well, you will have recourse. Gather as much evidence as you can today. Contact ACAS or CAB, or an employment solicitor. Are you a member of a union? Professional legal advice is a must.

Good luck OP.

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