Finding a job following dismissal for gross misconduct

makeyourdaddyproud

It could be worse : I have been out of the job market for 3 years (even though it's my own choosing). A four year recent stint with a GM departure is ALWAYS better than being unemployed for 3 years!

Shazza122

Thanks Flapjack.

I have been honest at interviews and with recruiters and had positive feedback from them all which at the time had really helped. It's just when I'm sitting thinking about everything that had happened and thinking about how we are going to manage in the future that I start to beat myself up and get really down....

It really seems like its one bad thing after another at the moment and were just having no luck at all :-((

Re appeal I am not holding out any hope for that...I've already received my P45 so I think they've already made up their mind....

paulineb_2

Shazza122 wrote: »

Thanks Flapjack.

I have been honest at interviews and with recruiters and had positive feedback from them all which at the time had really helped. It's just when I'm sitting thinking about everything that had happened and thinking about how we are going to manage in the future that I start to beat myself up and get really down....

It really seems like its one bad thing after another at the moment and were just having no luck at all :-((

Re appeal I am not holding out any hope for that...I've already received my P45 so I think they've already made up their mind....

Which isnt the way an employer should treat an employee if they have appealed a decision to dismiss.

Id certainly be thinking about sending them a recorded delivery letter asking them why theyve sent you your P45 before your appeal has been heard.

Shazza122

Pauline I did think it was a bit presumptious considering I had sent in my appeal letter...of course they also told me that normally the appeal should be looked at within ten days but because they are busy it might take longer...not really taking this seriously by the sound of it and hence my feeling there is no chance of my appeal succeeding....

FLAPJACK

Exactly Pauline.....it's beginning to sound anyone in that firm who steps out of line is a sitting duck.

It also sounds like a small outfit.....the place I worked you would have to have almost murdered someone on the premises to get GM.

I think the deciplinary system was firstly a verbal warning then a "recorded" verbal warning...written down then a final warning then out.

Unfortunately I would imagine the next step for the OP would be a solicitor who deals in employment law....but I don't think it's am option for her/him.

FLAPJACK

Shazza122 wrote: »

Thanks Flapjack.

I have been honest at interviews and with recruiters and had positive feedback from them all which at the time had really helped. It's just when I'm sitting thinking about everything that had happened and thinking about how we are going to manage in the future that I start to beat myself up and get really down....

It really seems like its one bad thing after another at the moment and were just having no luck at all :-((

Re appeal I am not holding out any hope for that...I've already received my P45 so I think they've already made up their mind....

I think maybe you should be getting some "official" advice....try the Citizens Advice.....or a solicitor who does a half hour free consultation.

All the best.

lakes17

Shazza122 wrote: »

Thanks Flapjack.

I have been honest at interviews and with recruiters and had positive feedback from them all which at the time had really helped. It's just when I'm sitting thinking about everything that had happened and thinking about how we are going to manage in the future that I start to beat myself up and get really down....

It really seems like its one bad thing after another at the moment and were just having no luck at all :-((

Re appeal I am not holding out any hope for that...I've already received my P45 so I think they've already made up their mind....

I think you are reading to much into this as it is the payroll department who have actioned this and they would not be "privy" to the information that you were appealing. In the Company that I use to work the normal procedure for a dismissal would be that payroll would be informed on the day of dismissal by the HR Business Partner and we would immediately make them a leaver on the payroll system. This would in turn generate a P45 which would be printed of and sent out a few days later.


We had a guy a while ago who was dismissed and his P45 was duly sent out. He appealed and was successful in being re-instated which happened about 6 weeks after his dismissal. He was put back on the payroll, his P45 was returned back to us and his back-pay from the date of his dismissal was duly paid back to him. There was no break in service.


If your Company handle the appeal correctly then the Appeal panel will consist of members who have not been involved in the investigation or the disciplinary hearing and this could be why there is a delay as they are limited to the people who they can use and also if it is near year -end for holiday leave.

lakes17

FLAPJACK wrote: »

Exactly Pauline.....it's beginning to sound anyone in that firm who steps out of line is a sitting duck.

It also sounds like a small outfit.....the place I worked you would have to have almost murdered someone on the premises to get GM.

I think the deciplinary system was firstly a verbal warning then a "recorded" verbal warning...written down then a final warning then out.

Unfortunately I would imagine the next step for the OP would be a solicitor who deals in employment law....but I don't think it's am option for her/him.

This isn't entirely true. Whilst the disciplinary procedure is designed to go through the various steps sequentially there is usually a paragraph that states that it can go straight to the final stage if it is gross misconduct even for a first offence. Or alternatively a Final Warning can be issued even for a first offence if the allegation was serious enough. This is set out by ACAS as best practice.

lakes17

I also think that Shazza's company have set an example to Shazza to send a strong clear message to the rest of the employee's - do this and pay with your job!

Shazza122

Well they know other people do it and they are still in jobs....