Finding a job following dismissal for gross misconduct

sulkisu

I have been in the position of your potential future employers, i.e. considering applications from candidates who have been sacked for GM, and it really depended on the facts.
Assuming the facts that you have described here are one hundred percent accurate, i.e. employed for four years, exemplary work record up to that point, no previous similar or disciplinary incidents - basically that this was a one off, no attempt to defraud your employer e.g. employer not responsible for the charges on the card, no attempt to lie or cover up the facts and everything pointing to a genuine mistake - depending on the job that you applied for, I would probably give you the benefit of doubt.


The problem with not being entirely honest with your new employer is that this can sometimes be grounds for dismissal. Therefore you could find yourself having to explain why you were dismissed from two jobs, instead of just one.


Don't beat yourself up - we all make mistakes.

Shazza122

Sulkisu everything I've said is true....I started as a temp at my past employers then was taken on permanently as an Admin and had two further promotions after this. No disciplinary record before now and it was me that actually went to my employer regarding the mistake I had made and was totally upfront.

I know I need to be honest as I could not go through the trauma of the last few weeks ever again...it's been a living nightmare!!!

ohreally

Are you going to appeal and try and get your job back?

Shazza122

I should add I've only actually had three jobs in my entire working life!! One for 3 years, another for 12 (who will provide me with an excellent reference) and my last one....never ever had any disciplinary issues in the past with any of them

Shazza122

Ohreally I am actually going to appeal... I don't think there is much hope but I think it's worth trying!!

jobbingmusician

I do think your dismissal sounds like a heavy penalty. Where were you in the event? If you had already paid back the money, it sounds a very heavy penalty to me.

Letting someone else use the company credit card is pretty transparent, and bound to come to light. It doesn't sound DISHONEST to me, or an attempt to steal (ie to PERMANENTLY deprive them of the money) as it would be so bound to come to light. It is what it is - simply a failure to adhere to company procedures. A pretty naive one, but you know that now.

Would I employ you? You do come across very well on here. If you were the best person for the job, I would. I'd probably watch you a bit more closely during your probation period, but my logic is up to working out the fact that you were obviously naive rather than dishonest.

Did the company advise you of the right to be accompanied at your disciplinary? If they didn't, they have dismissed you unfairly (and you have the basis for an appeal). You might want to point it out to them or you might want to see if they advise you of the right to be accompanied at your appeal, and take them to tribunal if they don't (altho this does cost, nowadays).

Now, about this 'serious' rule that you broke. Where was the rule recorded? Were you advised of it? Were you given any training in use of company cc? What does your disc policy say about GMC? What reason were you given for dismissal? The more I consider it, the more I doubt GMC as you have explained you were responsible for payment, so it can't have been considered dishonesty. Misuse of company property? (Very minor misuse IMHO!) Failure to follow company procedures? (Again, an over-reaction IMHO).

Be clear that I am not saying you shouldn't have had a disciplinary, just that their reaction seems OTT. And I'm not saying you will necessarily win your appeal, but I am saying that at least one non-expert employer out there sees past the GM........

Shazza122

Hi Musician,

In no way did I try to get out if owing the money...I always take responsibility for my problems...hence why I actually admitted the issue to my employer... They seemed to accept I hadn't done anything malicious but due to the area of business they are involved in anything involving misuse of credit cards etc. is heavily frowned upon.

My employer quoted the card T&Cs and the staff handbook as to where it is stated re use of card...However speaking to other colleagues they ,agreed they were not aware of this either!!

I was allowed a colleague to accompany me to the investigatory and disciplinary meetings but just for moral support.

I should add I was actually signed off with stress one day before I was suspended and in between the investigatory meeting and the disciplinary my manager referred me to OH who sent them a report saying I was under huge stress and that my state of mind was precarious to say the least....

I'm at the point now where I wake up every single morning feeling sick with panic. I need to work as my partners wage only just covers our rent and bills...we need to eat :-(

Oh employer is also deducting 3 days holiday I took over my limit...obviously I didn't know I wouldn't be working there!! Another kick in the teeth as that 3 days money would feed and pay bills for 2 weeks :-(((

jobbingmusician

Oh dear. If your employer was in finance, it might be considered a less disproportionately severe penalty.

However, still worth appealing on the grounds of too harsh a penalty, especially as you were under a great deal of stress, acknowledged by OH. You could even suggest to them that you would be prepared to accept a demotion, but do point out to them that your colleagues were also unaware of the ruling.

The holiday is a sod, isn't it! But sadly there's no solution to that (Not one I know of, anyway.)

Shazza122

I said to them I would accept any sanction they decided to impose short of dismissal but they clearly didn't think it appropriate....

Yup holiday pay just seems to be rubbing salt in the wound :-(

[Deleted User]

Shazza122 wrote: »

My employer quoted the card T&Cs and the staff handbook as to where it is stated re use of card...However speaking to other colleagues they ,agreed they were not aware of this either!!

The other staff who were apparently unaware of the T&Cs of the card did not allow unauthorised use of theirs, of course, so it's irrelevant.

As to taking extra holidays and having them deducted, in many firms it would not have been possible to take such "over limit" holidays in the first place. You are not really expecting them to pay you for time when you weren't actually working?

As to your "stress", that hardly caused someone else entirely to misuse the card, did it?

I'm sorry if I sound unsympathetic, but you need to move on from trying to place blame on your employer. Any appeal attempt must focus on the severity of the disciplinary action in relation to your misconduct.