Advice Urgently Needed. Won, Pregnancy Discrimination Case. Need to Resign for Unfair Dismissal Claim

[H&A]

Hi,

 

I urgently need advice with regard to my Resignation Letter and what it should say.

 

My maternity leave officially ended on 31st March.

 

As the tribunal was set for Tuesday 7th April, I did not want to resign before the hearing.

 

I am happy to say, after 18 months of upset, financial hardship and my poor mother's relentless efforts to

get justice for me, I won my case for Pregnancy Discrimination and Victimization outright on Tuesday (7th April)

 

After announcing the verdict, the Judge told me that, now, I must resign immediately

and make a further claim for unfair dismissal.

 

I would like to know, what I need to include in my letter bearing in mind my new claim for Unfair Dismissal

 

Many Thanks

[stevemLS]

Have you got the judgment or order from the Tribunal yet?

[H&A]

Hi Steve,

 

Not yet, he said he would put it in writing and send it to me asap

[SabreSheep]

Hi H

 

We are looking for the appropriate Site Team member to ask to drop in on this thread.

 

Regards

 

SS

[H&A]

Hi Sabresheep,

 

Thank you its really appreciated.

[stevemLS]

In those circumstances, I would wait until you had the precise wording in the Order which you can then refer to in your resignation letter.

 

(If the site team want, I will mind my own business!)

[Emmzzi]

hello,has the judge made you an award? or is s/he saying that you would only be able to have an award made if you actually resign?are you curently attending work? Do you wnt to resign?

[H&A]

Hi

The judge has actually made me an award for pregnancy discrimination, unlawful deductions and injury to feelings.

I've been told the exact figure for this.

After he awarded this to me he said......You need to hand in your resignation immediately,

once you've done that you will be able to make a further claim for unfair dismissal.

[H&A]

No I am not currently at work and yes I do want to resign

[Emmzzi]

and what is your employer suggesting you come back to?

[H&A]

My employer has made it perfectly clear that she does not want me to return to work.

She has already made two failed attempts to sack me for Gross Misconduct since I raised my formal grievance.

[Emmzzi]

I am writing to inform you that I am resigning from [job] with immediate effect. Please accept this as my formal letter of resignation and a termination of our contract.

I feel that I am left with no choice but to resign in light of the (and here you need to give you reason, pick one from the list below and expand on it)

 

a. fundamental breach of contract;

b. anticipated breach

c. breach of trust and confidence

d. ‘last straw doctrine’ (e.g. final act in a series of related issues which can no longer be overlooked)

 

I consider this to be a fundamental/unreasonable breach of the contract on your part.

I would be grateful if you could acknowledge this letter at the earliest available opportunity.

[Emmzzi]

My employer has made it perfectly clear that she does not want me to return to work.

She has already made two failed attempts to sack me for Gross Misconduct since I raised my formal grievance.

 

And yet you are still employed. So your actual job is there if you turn up to do it tomorrow? you need to be clear if you are resigning for breach, or breakdown of trust; pick reasons that support your proposed ET.

[stevemLS]

Or "(e) a fundamental breakdown in the employment relationship directly and wholly attributable to the discrimination I faced due to my pregnancy as evidenced by the findings of the Employment Tribunal sitting at [place] on [date]"

[H&A]

Thank you so much, that's perfect.

Do I mention the tribunal ruling at all?

My employer didn't bother turning up to the hearing and as I haven't received the ruling in writing yet

I am presuming she will not of been informed yet either!

[stevemLS]

If I were you I would make it clear that it is directly attributable, I think our posts must have crossed.

[H&A]

Thank you that's exactly what I need to put.....

"(e) a fundamental breakdown in the employment relationship directly and wholly attributable to the discrimination I faced due to my pregnancy as evidenced by the findings of the Employment Tribunal sitting at [place] on [date]"

Thank you so much for your help I will write it now.

[Emmzzi]

I woud restate the reasons you used in your forms for the ET in full; or the ones that were supported, anyway. (reasons, not itemised evidence or every single incident!)

 

It gives less wiggle room. Full audit trail wherever you can!

[H&A]

Hi Emmzzi,

 

Ok I will do that also,Thank you both very much

I will of course keep you posted with regard to the unfair dismissal claim.

Thank you again

H xx

[Sidewinder]

I woud restate the reasons you used in your forms for the ET in full; or the ones that were supported, anyway. (reasons, not itemised evidence or every single incident!)

 

It gives less wiggle room. Full audit trail wherever you can!

 

Absolutely. The Tribunal has ruled on your situation and the heads of claim that were accepted by the Tribunal must be the reason for your resignation.

[H&A]

Hi,

The situation has now become even more complicated.....

My now ex employer has put the business up for sale.

 

I have contacted the HCEO today and was told that I can apply for the fast track help to try and get my money

but the lady told me that it will take at least 5 weeks for the court to process my application...

She also said that she thinks, but is not certain, that if my ex employer does sell the shop in the mean time that there's nothing I can do..

 

The situation is that I worked in a shop that was bought as a franchise for my employer, (Mrs XX) by her husband. (Mr XX)

I'm not sure if I'm allowed to mention any real names or the actual business name so I'll just refer to it as 'WELL CHEAP WINES'

 

Here's where it gets a bit confusing..... Mr XX has his finger in a few other pies, which are all owned by ''XX Retail Solutions Ltd'.

Therefore the Tribunal Case was against.... XX Retail Solutions Ltd T/a Well Cheap Wines.....

 

What I need to know is,

Is there anything I can do if my ex employer manages to sell 'Well Cheap Wines' before I can get the HCEO on the case?

 

Someone has suggested that I can apply to stop Mrs XX from declaring bankruptcy but I'm not sure if that would be any good anyway.

Please Help me Again lol

 

Ps I have now received the Tribunals Judgement Order in writing....

I have also applied and received the Acas conciliation Certificate and will be making my claim for Constructive Dismissal later today....

Edited May 5, 2015 by H&A

[Emmzzi]

It depends if they are selling it as a going coincern, in which case, new business takes on liabilites of the old business; or wrapping up totally.selling a business usually takes several months, however.

[H&A]

Hi Emmzzi,

I've done some digging and found out that they have requested to be struck off from Company House (request is pending)

 

I also found out that in Sept 2014 less than 3 weeks after I started the Tribunal Claim they changed the name of the company.

 

Although they didn't bother attending the hearing they did participate in two preliminary hearings over the phone.

For the first one they had appointed a solicitor to act on their behalf, but for the second preliminary hearing my boss represented herself.

Both times they confirmed that they were from the original company. Is this legal?

 

I have spoken to the HCEO again and they have said that I should ask the judge to amend the name on the order as the HCEO would not be able to

enforce the order even though the business continued as normal, Same Staff! Same Owner! Same Premises etc...

 

Apparently all my ex employer has to do is show them proof that they are not the originally name company and thats that!

 

Regarding the proposed sale of the business.... It is being advertised as

"tremendous opportunity, to acquire a dynamic and high turnover store, this one having the additional

benefit of a tremendous trading location."

[Sidewinder]

Enforcement isn't exactly my area, but I am sure that in certain cases where it is clear that a debtor is attempting to dissipate assets it is possible to obtain a 'freezing injunction' preventing disposal of those assets?

 

http://www.out-law.com/en/topics/dispute-resolution-and-litigation/injuctions/freezing-injunctions - obviously even if this is a viable proposition then you should take professional advice beforehand

 

With regards to the sale of the business, then if that were to go through, the liabilities for pending legal action would indeed fall within any due diligence discussions between the old and new owners prior to the transfer - the new owners would normally seek an indemnity agreement, but any liability could depend on the precise nature of the purchase, and you could find that this is done in such a way that the new owner does not automatically carry the liability

[H&A]

Hi Sidewinder,

 

Thank you I followed your link and am considering this as one of my options.

I am also writing to the Judge from the tribunal hearing to ask him if, under

the circumstances he'll change the name on the Judgement Order.

 

I can't believe the law makes it so easy for offending employer's to walk away scott free after finding them

guilty.

 

18 months of stress, trying to make sense out of pages and pages of rules and regulations, meeting deadlines, alienating

work colleagues because you have, no other choice but to involve them and all the time you're telling yourself

it will all be worth it in the end..

 

It makes you wonder why you bothered in the first place. How naive I was, believing that I had a right to be treated

fairly and I had the backing of the British Judicial System.

What a Joke!

 

Trouble is its not in my nature to give up, I know I'm in the right and all I want is

what I'm owed.

So I'll see it through to the bitter end.