Suspended pending dismissal for Gross Misconduct **UPDATE**

jobbingmusician

I would go to the interview. Interviews are always good experience. If asked why you are thinking of leaving your current job, could you say why you applied for the new job, and then add something vague about some problems in the office since then which you expect to be resolved soon?

123helpme123

I'm torn between just offering my resignation or seeing it out. I'm hoping they will take on board that I've got a good working history with them and am very sorry for what I've done. Plus, if I resigned now it would still lead to a reference stating what had happened. The references they give out are pretty detailed or so I believe. They don't have a 'policy' as such for references, it's whoever gets it and their opinion of that person.

I wouldn't want to go to an interview an lie, surely that's just like going backwards. I need to improve my trust-ability for employers, I don't think being vague or shifty about what's happened is going to give me an favours.

My plan is as follows:

Go to interview, when asked when I want to leave, this is what I would say:

'I recently made the mistake of making a mistake in my work and when questioned about it, I covered it up. I've since admitted what I did as I felt so guilty about it and am likely to face disciplinary action with probable dismissal. It was something stupid which I've never done before and would never do again, but I need to move on with my career, learn from my mistakes and work hard to be a trustworthy employee in any future roles'

I feel obliged to at least try at the interview, especially as I think ill be desperately looking for work within a week. It seems stupid to not try. Would others agree? I don't ever want to lie about what's happened, but it also needs to be kept in proportion to what actually happened and my previous employment history.

dandelionclock30

I wouldn't be saying all that to a new employer, they will just choose someone else. If they are going to let you go then you need to ask about a negotiated reference with no mention of a disciplinary or dismissal. I think you need someone to be with you as its fairly stressful If your not in a union you can ask a colleague.
You might be worrying and not actually get dismissed.If they like you they will probably give you a final written warning.If they dont then they will used this as a means to get rid of you.
Only you know the answer to this. Good luck anyway and if you do leave then there will be other opportunities for you.

123helpme123

Your right. I'm going to leave the interview for the other job and figure out what's going to happen first. Then I can go from there.

I've spoken to a lady at the job centre who has stated I will be able to claim JSA straight away - I thought you would be sanctioned for a few weeks if sacked for gross misconduct? I clearly don't want this to happen and have every intention of finding something pretty quickly if the worst happens, but understand it might not be that easy with GM on my record.

Anyone have any idea about the JSA claiming process?

dandelionclock30

I was sacked for misconduct and got JSA straight away.The chap on the phone from the DWP said that was because I hadn't left of my own accord.
I think you can be sanctioned according to people on here but I wasn't. If you are sanctioned you can apply for hardship payments.

ohreally

123helpme123 wrote: »

I'm torn between just offering my resignation or seeing it out

Another option may be a compromise agreement (http://www.thompsons.law.co.uk/ltext/113-compromise-agreements.htm), where you can set out the terms of your exit and agree the content of a reference. This binds both parties.

an9i77

I really would advise against saying anything about your disciplinary in the interview. I think the vast majority of employers would just see this as a massive no no.
If I were you I'd be tempted to raise the issue of resigning, ask if you resign would it appear on your reference (they may agree to give you a not quite so bad reference if you go quietly)

I once got the sack I was in probation so didn't even get to go through a disciplinary, I asked if I could get a not-awful reference and luckily my boss said she was not out to ruin my career, so agreed to this.

Just to be aware though, some employers will put resigned pending disciplinary, so it's worth finding out if this would be the case.

You may even get a feel for which way the land is lying - if they just want to give you a rollicking and not actually sack you, they may persuade you not to resign.

I thought you didn't like it there anyway so whilst I know it's best not to leave with nothing to go to, I think in your circumstances this is what I would do.

Good luck when is the hearing?

an9i77

dandelionclock30 wrote: »

I was sacked for misconduct and got JSA straight away.The chap on the phone from the DWP said that was because I hadn't left of my own accord.
I think you can be sanctioned according to people on here but I wasn't. If you are sanctioned you can apply for hardship payments.

I used to work in an HR admin role, every time someone we sacked applied for JSA we got contacted by the JSA people and had to say why they'd been sacked and was it due to their own behaviour (it invariably was). So be careful of this you may get JSA at first before they can contact the former employer but it may well catch up with you.

Torry_Quine

an9i77 wrote: »

I used to work in an HR admin role, every time someone we sacked applied for JSA we got contacted by the JSA people and had to say why they'd been sacked and was it due to their own behaviour (it invariably was). So be careful of this you may get JSA at first before they can contact the former employer but it may well catch up with you.

I agree here.

When applying for JSA you must say why the job ended as it's better than them finding out from the employer.

I would also say that you need to be upfront and honest with any prospective employer as they will most likely contact the previous employer for a reference.

asdf1982

you can take control of this situation and RESIGN.

therefore there will not be a disciplinary or dismissal on your record. Assuming you get this new job there will also be no gap in your employment record

dont mention in the interview what happened, your reference will probably just be dates employed there