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How hard is it to get a job having misconduct against you?
Comments
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In answer to your question about being employed elsewhere -
as I only know your side , it is difficult to judge but -
If your current employer has carried out a fair and proper investigation and they have followed procedures, listened to your side and they still deem your behaviour does constitute dismissal(once you hear their reasoning behind their decision you might agree) I would hold your hands up and ask them whether they would consider allowing you to resign.
22years is a long time, it would be difficult to explain to a potential employer what you did that was so bad it resulted in your dismissal.
IF you feel that this has been dealt with out of procedure etc and you have been treated unfairly, you can of course allow the dismissal to take place, appeal and then if needed complete an ET1 and go to tribunal. I wouldn't recommend resigning in this instance.
Hopefully it won't come to that.My posts are my own personal opinion . I would always recommend seeking professional advice.0 -
hi taylor21,
thanx for your advise...
yes me swearing was out of character and i am truly sorry for what happened and have writen this in my case letter when i go for my hearing.
this is the first time in 22years that this kind thing has happened to me and hope to not have it again.
the thing what really gets me is that the person i had a go at first of all wasnt the first to put the complaint in,it was somebody else.now when read there statements one said i was going to do something different from the other statement.
also the first guy tried to bully somebody else into giving in a statement,which he did but then pulled the statement back but the manager told him not to tell me.....
many thanx.0 -
what do u mean grow up.0
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I do agree that if you are an employer and you have 100 CV's in front of you, you do look at why someone may have left their previous job and if anything is not clear then your cv may go down the queue as to whether you get an interview or not. But saying that, you may not even lose you job as long as you go into your meeting well prepared and state your side of things and explain the reasons behind what happened.
Misconduct is very grey area, my friend was sacked after ten years in a job for 'misconduct' ie not doing her job well enough in their opinion. Despite the fact her previous employer (on the same contract) had no problems whatsoever with her in over 9 years - this company took over the contract and after ten months -with no problems or issues in this time - sacked her and gave her job the the directors sister (who had just lost her own job).
She now is in a position where she doesnt know what she will do if she does get offered a job as she doesnt know whether to tell them/ not tell them (as she didnt do anything wrong) and risk losing it - so it is very difficult!!0 -
sockpuppet wrote: »She now is in a position where she doesnt know what she will do if she does get offered a job as she doesnt know whether to tell them/ not tell them (as she didnt do anything wrong) and risk losing it - so it is very difficult!!
Unless someone does something that merits instant dismissal they can't be dismissed for gross misconduct without before receiving a final warning. It would seem that swearing and poor performance would not justify dismissal without a prior warning and thus I suspect the OP will just get a warning.0 -
cheers sockpuppet but for some reason nagging at the back of my head there are going to sack me for gross misconduct but i am up for the fight,jesus i only swore at the bloke twice.0
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well chriswatts i havnt been given any warnings in 22 years i have been there lets alone any warnings on this.i was put on suspened pay as from monday last week and have my hearing on monday coming but i have not recieved any warning in the 22 years proir to this...0
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You are naturally very worried, but try just to take it one step at a time. Your previous good character will be of some merit, but it's not really the central issue here. Prepare yourself as well as possible for the meeting; are you in a union? Take advice from them if so; do any of your insurance policies give you legal advice as an added freebie (Household? Car? Check them) If so, use them ring the hotline and get legal advice. If not, do any of the local solicitiors give free initial consultations? Someone very close to me went through a similar situation to what you're describing - in the end, he ended up paying £250 for legal advice, once he'd used up the 'free surgery' option and things were getting serious. It gave him access to the BEST local solicitor for employment matters, and the final deal that was brokered meant that although he and the employers eventually parted company, he got a very good final settlement and a decent reference that the employers were legally obliged to stick to. And they wrote some cracking letters to the employers into the bargain too! Don't give too much away at the meeting; keep your powder dry, as they say - ask for time to consider any offers that are made, make your regret clear, and also make sure the 'niggling' nature of the 'provocation' that led up to it are stated clealy, but don't 'bang on' about them, if you know what I mean. If you can't get a union rep in with you, or would rather not use them (some are better than others!), then ask a calm person to accompany you to the meeting as a reliable witness - should be a respected colleague who isn't going to blow a fuse, but who also has enough standing not to feel threatened by being put in that situation. All the best, and hope some of this helps.Reason for edit? Can spell, can't type!0
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It's more about the company correctly following their procedures than previous good character. It maybe that the company's procedure is to fire someone immediately on the first thing they do wrong but it's more likely that there is warnings so that the employee can change their behavior. It would be a sorry world if people lived on tender hooks worrying that tomorrow they'd get fired just for making one silly mistake!0
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