Suspended pending dismissal for Gross Misconduct **UPDATE**

dandelionclock30

Obviously you need to tell the Job Centre why you left, they ask anyway when you make the claim and yes they do check.
I disagree about being upfront with a prospective employer.If OP is going to get the push then she needs a negotiated reference.End of story.
In this day and age with 100s chasing every job, do you really think a new employer will employ someone who has just been dismissed? 1 in a 100 might do. That's the real world Im afraid.

Torry_Quine

dandelionclock30 wrote: »

Obviously you need to tell the Job Centre why you left, they ask anyway when you make the claim and yes they do check.
I disagree about being upfront with a prospective employer.If OP is going to get the push then she needs a negotiated reference.End of story.
In this day and age with 100s chasing every job, do you really think a new employer will employ someone who has just been dismissed? 1 in a 100 might do. That's the real world Im afraid.

We'll just have to agree to disagree here. They may be fortunate in that the new employer doesn't find out but it's much better to be up-front. If you say nothing or worse lie then you will e out the door and now have another lack mark against you. My cousin was always up-front and yes he got a job from an employer who respected and admired his honesty. the previous employer even said they wouldn't give any reference at all other than he was unemployable!!

123helpme123

asdf1982 - Surely if I resign they will just state that I resigned pending disciplinary action? Its pretty clear I was going to be sacked then and wimped out of facing the music?

I won't be lying to anybody about anything, thats not what I'm asking. I don't want to lie, I don't want to mislead and I don't want to ever have to go through this again.

I also know that I will eventually get A job, its just the hardwork its going to take. But I'm determind and actually an extremely good employee other than this massive stupid mistake. I would employ me! Its just getting my backside in an interview if I do get sacked, and its clear I don't have to tell them I was sacked for GM until I get there. If an employer doesn't wish to employ me because of it, well, thats my own fault and I'll just have to try harder at the next one.

If I am sacked, I will ask for a negotiated reference. Maybe if I say I will find a different sector to work in and ask them to confirm dates only.. nothing illigal about that. I'm going into the meeting on my own, on the basis that I don't need 'support'. I've done something wrong, I know that, and I also know that really, I just need to face the music.

Hearings next week - date and time to be confirmed. I'm currently suspended with pay (thank god!).

I won't be going to the interview with the other company tomorrow. I feel I need to resolve this situation before I can move forward. Life goes on even without an income, and I've been in more dire straights financially before and worked my way out the other side.

I'm seriously grateful that I luckily have a OH that can manage our bills just on his income, I just feel dreadful that this may happen, he'll be working so hard for us and it'll all just go on bills. Its my own fault though.. a price I need to just accept and learn from.

Thanks for the advice.

paulineb_2

When it comes to JSA you are more likely to hit difficulty if you resign than if you are dismissed. Yes it will go to an adjudicator, but you get to put your side and they get to put theirs.

When I was sacked I gave them information and evidence I had to show how badly I had been treated by the company, who sacked me for gross misconduct because I complained about my horrible working conditions.
They found in my favour. Its stressful and there are no guarantees, but resign and the DWP will see it as you having intentionally given up a job.

ohreally

123helpme123 wrote: »

If I am sacked, I will ask for a negotiated reference

Its too late to negotiate by this point - there's nothing in it for the other side. All you can do is pitch a request and you're at their mercy.

Rylynn

I do hope your meeting goes okay, and I also hope they do not sack you, I would not resign though, as has been said the DWP will just say you have put yourself out of work.

My son is under investigation at the moment for a part time job he has held for almost 2 years, his is gross misconduct, he did not swear at anyone but swore in conversation with someone he knew, and a customer complained. He is most likely facing the sack but I have had to pull myself up today and reading what some people have put here is true, it is better to be truthful and life will go on, it just probably does not feel that way right now.

We all make mistakes, and you seem to be extremely sorry for yours, lets hope your company realise that. If not I wish you well in finding another job. Take care, and this is very stressful so I would consider if there is anyone you can take along with you, even if only for moral support and to take notes.

Thomas_Hardy

When reading experience of others that have not been sanctioned by the JCP for gross dismissal, you need to keep in mind how much more stringent the sanction system is now. Until very recently a DM would often give the benefit of the doubt to the claimant, but now that is unlikely. Unfortunately it is likely you would receive a sanction whether you resigned or you were sacked. However you do need to still sign on - so the sanction time can start to run, and so your NI Credits are up to date.

asdf1982

123helpme123 wrote: »

asdf1982 - Surely if I resign they will just state that I resigned pending disciplinary action? Its pretty clear I was going to be sacked then and wimped out of facing the music?


Thanks for the advice.

i think its unlikely that they will say anything except dates you worked there. if they were to say that, they risk getting sued

Thomas_Hardy

asdf1982 wrote: »

i think its unlikely that they will say anything except dates you worked there. if they were to say that, they risk getting sued

No risk in getting sued if they are honest - "x resigned pending disciplinary action" is quite acceptable. I'm not suggesting they would say that, no one here can predict either way.

Torry_Quine

asdf1982 wrote: »

i think its unlikely that they will say anything except dates you worked there. if they were to say that, they risk getting sued

They don't risk getting sued if they tell the truth that the person resigned while under investigation.