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Finding a job following dismissal for gross misconduct

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  • There you go and as someone else stated, it will look better on your CV that this is a temporary role and you can state at your next interview that the contract ended.

    What kind of work is it? Sorry in advance if you have mentioned before.
  • It's admin work Free...covering Reception
  • Shazza122 wrote: »
    Got temp job!! Only 8 days but it's a start and will pay a few bills.

    Might have a wee walk but it's worth it!!
    From GM to temp job in little over a week. Only 8 days but you never know what it could lead to.
  • Well done! Onwards and upwards xxx
  • Dingbat
    Dingbat Posts: 13 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 26 February 2014 at 11:38AM
    Hi Shazza
    Sorry -late to the discussion, should say I'm an experienced HR person.
    Tough time, great to have had such support from other posters and well done for getting the temp job.

    I agree that in these situations you need good advice, unions are a great source, as is the CAB or an employment lawyer or ACAS.

    Strikes me it's important to you to be able to be honest and I am entirely with Sensibleadvice about appealing. If you haven't yet put in your written grounds for appeal, have a careful think about what outcome you want / is possible. Could you really go back to work there? Would your ex-employer buy this? One possible outcome is to ask to vary your reason for leaving, ask them to overturn the decision to dismiss for GM and replace it with either a resignation or an agreed severance (mutally agreed termination, no fault either way). That still leaves you 'between jobs', but removes the worry about being dismissed for GM.

    A key part of the appeal would be that you made a mistake and you were the person to bring it to their attention (if this was what happened - weaker case if you didn't), plus your excellent track record - in this light the decision to dismiss for GM was unduly harsh. (A tribunal would ask whether their response was 'reasonable' in the circumstances). They shouldn't be wanting to damage future career prospects, so as long as they can be honest in a reference (noted they only do standard references, so not an issue) and feel they have been seen to make the point, you'll know there's nothing lurking which could be a problem - it will set your mind at rest.

    If not, then practice what you say - it could be something like, "I did something incredibly stupid, I brought it to the attention of my employer, though (don't use but) because of the industry we worked in, they had no choice but to dismiss on grounds of GM - while it seemed very harsh, I understand why they had to do it." Don't rubbish your ex-employer. And as others have said, better to be honest as any new employment relationship is best based on trust.

    I'd suggest talking to ACAS as they will give independent advice and can advise you about tribunal proceedings (worth knowing even if you don't want to go that route). It all helps to get your head straight.

    This will help you get back on track applying for jobs at the right level, you have to have very convincing reasons for stepping down and people are every bit as suspicious of this as GM - after all, you were worth the level you were working at, you lost your job, that's punishment enough, without you adding to it by taking less challenging roles. Temp away at whatever level, but go for longer term jobs at the level of your skills, even something that makes your heart sing.

    Best of luck with the temp job and whatever follows.
  • paulineb_2
    paulineb_2 Posts: 6,489 Forumite
    I personally left a managers job and went back to work at a very basic grade in the same line of work. That was my choice and it didnt reflect badly on me in any way.

    Sometimes people get to the point where they have had enough, that can be due to numerous factors, it was for me.

    I think every case needs to be dealt with individually, some people will go through tough times in the workplace and want to stay at the same level, other people will happily go back to working at a lower grade and be happy to do that, that was certainly the case for me.
  • Shazza122 wrote: »
    It's just covering holidays but as well as the money being handy it's made me feel a wee bit more confident I'm not totally unemployable!!
    Strikes me that you are overreacting slightly. From your posts you seem intelligent, literate, coherent and well qualified almost the complete opposite of ‘totally unemployable’.

    Seriously every now and then I meet or deal with someone at work, through work or even if I have just popped out to the shops, etc and think ‘how on earth did they get a job?’. You’d have to be pretty terrible to be ‘totally unemployable’.
  • So glad that all went well.

    Have been reading your posts as well as others and know where you are coming from.

    I was dismissed for GM in 2009 - my world fell apart - lost house, car, gained a criminal record in the process.

    BUT now I have had employment with 2 small local companies who said that my past didn't matter as my positions did not encounter any of my previous employment areas.

    I am now training to be a teaching assistant and my placement school know everything about my past (CRB checks don't hide a thing) - they are all fine with it.

    I have learnt the hard way BUT can say to others sometimes things aren't as bad as you think.

    Good Luck with whatever the future brings for you.
  • Acc72
    Acc72 Posts: 1,528 Forumite
    Hi Shazza,

    I am not sure where you are up to with regards to the appeal etc. but please post on www.redundancyforum.co.uk

    You will get an answer from an employment law barrister (you may not like the answer, but you will get some great advice).

    As mentioned earlier, even if you don't want to go back to your own job you can at least negotiate a reference that will be acceptable to you.

    Also, with regards to applying for new jobs I can understand a potential employer being put off by the fact that you are applying for jobs at a much lower level that you are used to - they are probably more concerned that you will leave after few months more than the GM bit !

    Anyway, I just wanted to say stay positive, please don't beat yourself up about what happened and the very best of luck for finding your next job.
  • h15t0r1an
    h15t0r1an Posts: 51 Forumite
    Part of the Furniture Combo Breaker
    edited 26 February 2014 at 9:49PM
    Dingbat's advice was great.

    ACAS has an excellent website. CAB's can be excellent. It depends who you land. Larger ones are often able to have more specialist staff. Joining a union is a good idea. Who knows if you call one and join immediately perhaps you would be able to benefit from some advice as unions generally have very expert lawyers in this field. The "free half hour" scheme with a solicitor may well get you someone with not much experience who may not necessarily be able to help you as well as the other sources.

    What I would say is that there's something not quite right about such extreme sanction for a one-off with your record, no cost to the employer, found and reported by yourself. Even if your contract does provide for GM for what you did. And even if the nature of the employer's business is less able to tolerate anything financial being done wrong. It somehow just does not stack up as action was too summary. Bear in mind that GM, or calling something GM, is one of the few ways an employer can get rid of someone without having to follow lots of procedures and take lots of time.

    Gut feeling that the employer either wanted to get rid of you, or took an opportunity to get rid of people generally, or the style of person that made the decision is a "sacking" style of person, etc. And yes even very big wellknown businesses are often found to be unfair, some big names repeatedly, or found not to have applied correct procedures etc.

    If I were you I would not communicate again with the employer without having obtained union or ACAS advice or the advice of an excellent CAB or solicitor. I think you have panicked and made yourself a sitting duck. I think there's a good chance the employer has not acted correctly whatever you may think.

    So long as an appeals process has not completed you are not sacked for GM so if it makes you feel more comfortable then continue disclosing the situation at whichever point you feel appropriate but bear in mind, a due process in which you are professionally supported may well not result in the final record being that you were dismissed for GM.

    Something's not right about this and you need to get professionally supported because you are stronger then you think and there are more levers available for you to use than you think.
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