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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 But later that day, I got an email saying they were “accepting” a resignation letter I’d submitted and withdrawn back in 2024 — over a year ago! I have queried this and said I haven’t resigned and it’s unlawful to use and old document that was withdrawn as I continued working.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:
RinkyDinkDrink · 08/05/2025 07:09

MNOP · 07/05/2025 13:08

That’s because you did.

Are you a solicitor?

CorbyTrouserPress · 08/05/2025 07:53

RinkyDinkDrink · 08/05/2025 07:09

Are you a solicitor?

She doesn’t need to be a solicitor, the OP states she resigned in her first post.

Witchtower · 08/05/2025 07:56

I haven’t read the comments so I am
not sure if this has been mentioned.
If you have home insurance it is quite likely you have free legal cover.
When I hit a standstill with ACAS, I used this service very successfully and it did not affect my premium.

RinkyDinkDrink · 08/05/2025 14:48

CorbyTrouserPress · 08/05/2025 07:53

She doesn’t need to be a solicitor, the OP states she resigned in her first post.

You’re demonstrating my point entirely, legally, there may be avenues around that. For instance, perhaps, she may have been driven to that due to constructive dismissal? As I’m not a solicitor, I wouldn’t know. And presumably, you don’t either.

ladyamy · 08/05/2025 17:20

You weren’t dismissed. You resigned.

BethDuttonYeHaw · 08/05/2025 17:25

OP it’s good that you are talking to ACAS. Pregnant then Screwed are another point of contact.

Personally I’d see an employment solicitor.

whatever though please make sure you get proper professional advice as some of the posts above are not competent.

Umidontknow · 09/05/2025 13:47

RinkyDinkDrink · 08/05/2025 14:48

You’re demonstrating my point entirely, legally, there may be avenues around that. For instance, perhaps, she may have been driven to that due to constructive dismissal? As I’m not a solicitor, I wouldn’t know. And presumably, you don’t either.

Either way she needs to stop resigning then taking it back.

MrsRog23 · 10/05/2025 10:11

LoveIndubitably · 07/05/2025 12:56

By whom?

I suspect pp means by a tribunal if it got that far xx

MrsRog23 · 10/05/2025 10:24

Greeksauce · 07/05/2025 14:08

I'm not sure that's true. Good employers will have a process which allows for cooling off, but I don't think there's anything legal which requires it.

I’m not in law but I do create and manage contracts in procurement for the NHS so have to adhere to strict rules, regulations and law and I think the below might apply in this case:

  • Offer and Acceptance:
  • A clear offer must be made by one party, and it must be accepted by the other party.
  • Consideration:
  • Each party must provide something of value in exchange for the other party's promise or action. This can be a promise, an act, or a forbearance (giving up a right).
  • Intention to Create Legal Relations:
  • Both parties must intend to be legally bound by the agreement. This intention is assessed objectively, based on what a reasonable person would believe, according to LegalVision UK.
  • Capacity:
  • The parties must be of legal age and have the mental capacity to understand the terms of the agreement.
  • Certainty and Clarity:
  • The terms of the contract must be clearly defined and unambiguous. Vague or ambiguous terms can make a contract unenforceable, says LegalVision UK.
Hope you get sorted @Kipdfgy, definitely contact ACAS, review your contract (you should’ve been given a copy when you got the job) and the firm’s resignation/termination policy.

Without sounding like a cow, it’s better for them to replace you as they won’t have to pay maternity for you, they’ll still have the same headcount as now and sadly, it sounds like they’ll try and make you sound unstable as you’ve done it before and since becoming pregnant. Again, without sounding like a cow, because you’ve resigned and haven’t been terminated, you might struggle to claim Universal Credit too :( message me if you feel I could be of any help or just want a chat <3 xx

When is a Signed Contract Not Binding? | LegalVision UK

This article will discuss what you need for a binding contract and when a signed contract is not binding in the UK.

https://legalvision.co.uk/commercial-contracts/signed-contract-not-binding/

notatinydancer · 10/05/2025 11:39

You say they’ve been keeping a ‘secret document of all my mistakes’ ?
Are you on a PIP?

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