Finding a job following dismissal for gross misconduct

Shazza122

That's what I was thinking....I don't want to get a job with a lie...but I need to keep a roof over our head....scared!!

melysion

I think you need to stop being scared (easier said than done I know) and start being proactive.

Apply for the job, get the interview and decide for ypurself what to say when they ask why you left your previous job. And if it doesn't work out this time, keep plugging away until it does.

Shazza122

Yup got an interview tomorrow and just trying to see if I can phrase the situation so it doesn't sound entirely awful!!!

monty-doggy

I like what prophet said, left by mutual agreement. Could be for any number of things.

If you get an appeal hearing and they don't give you your job back ask if they will consider your resignation rather than dismissal?

Shazza122

Monty,

They told me even if I resigned they could still state I resigned pending disciplinary for GM

monty-doggy

Can you not copy the standard reference they have sent you and give that to future employers? Is there no one else who can give you a reference?

Spirit_2

I recently made a short term appointment of someone with a colourful recent reference. They had lost their job following a criminal conviction for fraud committed outside of the workplace.

They had skills that made them short listable, told me at interview about their past, gave a plausible non sob story explanation and when their DBS check showed up the conviction I was prepared for it and for the most recent references. I judged there was no financial risk to my organisation.

You did something stupid, there are consequences, pick yourself up, get short listed explain at the end of the interview - so they will not make you an offer and withdraw it based on the references. One job down the line this will be history.

If you in turn ever find yourself recruiting - hopefully you will have learned compassion for 'people who make mistakes.

Shazza122

It's just getting that one job tho....

Got interview at 10 today...wish me luck!!

pelirocco

paulineb wrote: »

In my view, gross misconduct is something like theft, violence, fraud, turning up for work drunk or on drugs (am aware some employers may be sympathetic to people with addiction issues). But sometimes employers call anything gross misconduct just to get rid of people.

Im aware that the OP has said they have owned up to what they did, but in my case, I did nothing apart from complain about my (horrendous) working conditions after tolerating them for far too long without support. My safety was also put at risk on more than one occasion. But when I complained, they decided to dig up dirt on me and fire me. There was no dirt so they got people to lie. That can happen in a job.

I was fired for gross misconduct but I did nothing that was even misconduct as I said before.

The last time I was employed I was working for a woman who had clear issues. She was a bully, she picked on a lot of people, but she picked on me and one other girl (who was 6 months pregnant) the most. We hardly ever worked together, but she made it clear I was at the bottom of the pile, spare hours went to everyone and anyone.

I came on shift one day to find two of my colleagues blind drunk. One of them had crashed the ceiling in with a body conditioning bar (I worked in a gym). They werent sacked, one of them got promoted after that and the other given full time hours. So when her boss tried to dismiss me for gross misconduct I said bring it on. I was actually going to be sacked for not meeting sales targets (we didnt actually have an individual sales target to meet, just a number of sales calls we had to make every day), the entire gym wasnt functioning, it was failing and she wanted someone to take it out on. But I was getting letters from her and her area manager, threatening to sack me for gross misconduct. They did sack me in the end, but they couldnt say misconduct, because I hadnt done anything that was remotely misconduct. She also wrote large chunks of the company handbook and when I challenged that, I was told that was ok as I didnt have 12 months service. She changed the bits that would have allowed me representation.

I actually dont give a stuff that two employers tried to sack me for gross misconduct (one actually did), because it is possible to be on the end of a horrible witch hunt in jobs. That doesnt mean your name needs to be tarnished forever more.

As I said previously I was honest with employers. I told them the story of what happened to me, I couldnt make it up because some of the stuff that happened to me was incredible. And it didnt stop me from getting further work. The last time I was sacked I was just unlucky enough to encounter someone who had massive issues and whose business was failing and who wanted to take it out on someone.

Im aware the OP has admitted that they made a mistake. The point Im making again is that many people who are sacked for GM wont even have done anything thats misconduct. I remember being on the phone to ACAS and they told me, an employer can basically rip your contract up anytime they like.

Im actually self employed now and I'll never ever work for an employer again, Ive had too many horrible bosses. But when I was dismissed for gross misconduct, I was honest, I told new employers what had happened to me. I didnt put my ex employers down as a reference, they had previously tried to make it as tough for me as possible to get JSA due to the lies they told to the DWP about why they sacked me (the DWP found in my favour).

At the time I thought it was the worst thing that could ever happen to me and that Id never work again, I was already ill due to the treatment they put me through which continued until they sacked me and beyond. But that wasnt the case.

I dont know what the OP has done, but even in cases where someone has made a monumental boo boo at work, some employers wouldnt dismiss or automatically call that gross misconduct either, the interpretation of what is or what isnt gross misconduct can vary from employer to employer.

In both cases I spoke about my ex employers knew fine well I hadnt done anything that was remotely GM but still wanted shot of me anyway.

So dare I say it, many people who have been fired for gross misconduct may not have done anything thats misconduct, the employer just wants them out. And if people have less than two years service, its harder to take an employer to tribunal, the balance can be very much in the favour of the employer,

As an employer I have had to fire one person for GM , We employ a company to deal with employment issues , and I had to follow their proceedures to the letter and involved the employee suspended on full pay an investigation meeting with his manager, then a meeting with the employee ( with the right to representation ) , this all took nearly 2 weeks . I was leaning towards a final written warning as the employee had been with us a long time , but was advised that if we didnt dismiss we could leave ourselves open to problems in the future , as it invoved drink . The employee was then told he had the right to appeal

So I dont believe it is easy to dismiss someone .


Even if we need to give someone a warning its a bit of a performance

From the OPs posts I would think they were employed by a large company ? , and as such they dont have a lot of leaway and have to be seen to follow proceedures/ rules to the letter

System

Good luck. I hope you start to feel better soon