Advice re bullying from employer

masonsmum

I am posting this on behalf of my mother, she works part time in a small shop with only herself the owner and another girl covering all the shifts.

I posted some time ago as my mum felt that she was not getting her full holiday entitlement - this was confirmed by ACAS so my mum approached her employer who basically threatened that she would have to "close the shop as she couldnt sustain that kind of holiday entitlement"

However my mum didnt back down and took extra days during the easter holidays and since then she feel she has been bullied by her employer - she doesnt speak to her when they work together and now blatently ignores my mum if she asks her something or attempts to talk to her. It all came to a head last week and my mum has walked out - prob not the best reaction but she told her boss - "I cant work under these conditions you can call me when you are ready to talk"

So she hasnt heard a thing from her but employers husband came to my mums house today with an envelope with her wages and said "I hope we can still be friends if we meet in the street"

It just all seemed very final and my mum feels she has been "pushed out" for daring to question her holiday entitlement, she has been a good employee and only had one absence in 7 years employment?

Does anyone have any advise on this sort of situation?

19lottie82

I'm afraid your Mum has effectively quit, so not a lot she can do now.
She could claim for constructive dismissal, but these cases are notoriously hard to win.

Sounds like she was better off out of there anyway.

StuC75

Looks like your mother has tendered her resignation from the role and they have accepted.

Savvy_Sue

Did her wages include any holiday she was owed? It will put paid to any friendship if she claims it, but ...

Also did she get a P45? That would be an indication that the boss has accepted her resignation.

harrys_dad

Sometimes these "heat of the moment" resignations can be gone back on, but this needs to be done very quickly. How long had your mum worked there? If it is less than two years she does not have any employment rights anyway, unless she can show a type of discrimination from a specific list.

If your mum wants her job back she should go to the shop and make clear she did not resign but just walked out when she was angry. I wouldn't hold out too much hope though.

Takeaway_Addict

harrys_dad wrote: »

Sometimes these "heat of the moment" resignations can be gone back on, but this needs to be done very quickly. How long had your mum worked there? If it is less than two years she does not have any employment rights anyway, unless she can show a type of discrimination from a specific list.

If your mum wants her job back she should go to the shop and make clear she did not resign but just walked out when she was angry. I wouldn't hold out too much hope though.

7 years she's been there as per the first post.

As Harry has said but its unlikely and does she NEED to be working there? If so she should get advice on cancelling the resignation and yes it was the wrong thing to do but ultimately I doubt things would have got any better.

BobQ

harrys_dad wrote: »

Sometimes these "heat of the moment" resignations can be gone back on, but this needs to be done very quickly. How long had your mum worked there? If it is less than two years she does not have any employment rights anyway, unless she can show a type of discrimination from a specific list.

If your mum wants her job back she should go to the shop and make clear she did not resign but just walked out when she was angry. I wouldn't hold out too much hope though.

From what you say your mother has been deemed by the employer to have resigned without notice. By not continuing to attend her workplace and do her job she has effectively confirmed this position, although appears not to have actually said she is resigning.

Her only option is to claim that it was constructive dismissal.

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Whether she can prove this is doubtful. She may have been pressurised not to take leave but it appears that she was not actually prevented from doing so. Was she paid for those days she took off? If not this would support her claim that the employer behaved unreasonably. If she was paid then its difficult to say she was bullied because the employer did not speak to her, unless there were other factors that caused her to walk out.