Partner has been dismissed

oliviarosejackson

Hi everyone,

My partner got dismissed from work in March for Gross Misconduct!!

He has been trying to get a job, but it is proving not to be that easy. He is waiting to hear from one interview-but they are dragging thier feet and he has a phone interview later on today.

I was wondering if anyone could tell me what he may be entitled to whilst he is looking for work??

He lives alone in rented accomidation.

Thank you everyone

max2009

What did he get sacked for ? Obviously they will ask for a reference from his previous employer.

oliviarosejackson

Hi,
Thank you for the reply. He got sacked for Gross Misconduct.. That is what is worrying me, as he wont get a reference after being dismissed.

MaximumImpact

He got sacked for Gross Misconduct.

I think what we are asking is what was he dismissed for? What did he do? If it is something criminal etc, there are other lines that need to be gone down etc. As he was dismissed, it is likely that he won't be entitled to anything for sometime....Best he contacts the Job Centre and speaks to them.

mountainofdebt

I was dismissed in March also and my previous employers just confirmed my dates of employment when an agency contacted them for a reference.

He may be entitled to JSA although I think that benefit can be delayed if the powers consider that he contributed to his unemployment - but its always worth a ring.

What sort of gross misconduct was it and how long had he bene employed with them?

max2009

Even though Gross misconduct sounds bad you need to ask him what he actually did.

oliviarosejackson

I think what we are asking is what was he dismissed for? What did he do? If it is something criminal etc, there are other lines that need to be gone down etc.

I will try to explain without going into too much detail. He was a manager at a supermarket, they said that people were taking food without paying for it and they are saying that he knew about it but didn't try to stop it. They had footage of some of his workers taking food off the shopfloor and the next day no payment had been left for the items. He was a night manager.

oliviarosejackson

I was dismissed in March also and my previous employers just confirmed my dates of employment when an agency contacted them for a reference.

Thank you for saying that, that has put my mind at ease a little. He was employed with them for 13 years.



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liney

We were actually discussing references in my CIPD tutorial the other week - apparently an employer is obliged to confirm dates, title and reason for leaving in a reference as a bare minimum. A lady commented that she had recently neglected to mention on a reference that a lady was dismissed for fraud and was told that her company could be subject to legal action if the new firm found and and chose to persue the fact they had not made the information available. Just warning you that if the company go by the book they will mention Gross Misconduct as reason for leaving, although they are not obliged to tell the new company what the actual Misconduct was.

SomeBozo

liney wrote: »

We were actually discussing references in my CIPD tutorial the other week - apparently an employer is obliged to confirm dates, title and reason for leaving in a reference as a bare minimum. A lady commented that she had recently neglected to mention on a reference that a lady was dismissed for fraud and was told that her company could be subject to legal action if the new firm found and and chose to persue the fact they had not made the information available. Just warning you that if the company go by the book they will mention Gross Misconduct as reason for leaving, although they are not obliged to tell the new company what the actual Misconduct was.

This is not strictly true and I do wonder about these so called courses.

Lets cut to the chase.

An employer has no legal obligation to provide a reference if asked.

However is a reference is given, the employer who gives it has a legal duty of care to make sure that the reference is accurate. The reference can contain negative elements (like the employee was a bad time keeper) if there is documented evidence that this happened.

Regarding

A lady commented that she had recently neglected to mention on a reference that a lady was dismissed for fraud and was told that her company could be subject to legal action if the new firm found and and chose to persue the fact they had not made the information available.

This again is misleading.

If the reference was in the means of a form which said "Has the candidate ever been found to be fraudulent" and the answer was "no" (and they had) then thats on shaky ground.

If the letter never mentions questions like that, just asks for a reference, the employer can not reply, just reply with basic details (such as start and end dates) or go the full monty with the fraud information as they see fit.

Bozo

mountainofdebt

Well I know my reference was requested and given before my appeal hearing so I don't know if that had any influence on its content.

As mentioned on these boards I have a fool proof way of finding out what they would put in any future reference so I might just put it to the test.