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So you have been sacked for gross misconduct, what do you do next?

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Mbbx7tp3
Mbbx7tp3 Posts: 3 Newbie
edited 10 March 2014 at 12:27AM in Employment, jobseeking & training
Recently I was suspended from my job working in the financial services industry and then subsequently sacked for making a huge mistake. From the day I was suspended I have struggled to find any advice on how I could keep my job or find a new one. So I have decided to tell my story in order to try and help people who havebeen sacked for gross misconduct get back into work and get their life back ontrack.

Obviously I can’t give details of why I was sacked or the company that I worked for, but hopefully my story will help in some small way. From here on the company that I was sacked from will be known as Dave’s Motors.

Suspension

After Dave’s Motors discovered my act of stupidity I was immediately suspended on full pay. A couple of weeks later I was invited to attend a disciplinary hearing, where I provided an independent manager my side of the story and apologised for my actions. I had to attend a further investigation meeting where it became apparent that I was going to lose my job. Therefore I handed in my resignation for it to take place with immediate effect. My resignation was accepted but I had to serve out my thirty day notice period. Within this period I attended a further investigation meeting, then a disciplinary hearing which was followed by letter which confirmed that I had been dismissed for gross misconduct within my notice period.

Tips with dealing with being suspended and disciplinary hearings

· If you believe that your suspension will last a number of weeks, then take up some voluntary work. This will not only get you out of the house and your mind of the whole situation but it will also help you with references when looking foryour next job.

· Update your CV, sign up to LinkedIn and generally take steps so if you are sacked, then you are in a position to look for new employment as soon as possible.

· Try and let as few colleagues as possible know about the incident, as the world that we live in is so incredibly small, it’s very likely that you will be working with former colleagues in the future. If colleagues do email, txt or call you then just tell them that’s your fine but it’s a long story and you not really allowed to discuss it with them.

· Attend every meeting that you are invited to; by not attending all you are doing is just annoying your employer. Thus you’re more likely to be sacked and it won’t help you when trying to get a reference.

· Try to speak to your manager to see if everything will just be forgotten about if you resign and move on. Some firms may not want to deal with all the hassle associated with disciplinary hearings and will welcome your resignation. However some firms may accept your resignation but state that he/she resigned pending investigations. Or they may sack you within your notice period, like Iwas.

· If you know that you have made a mistake, then try and do whatever you can to keepyour job. Offer to relocate, change roles, accept a lower salary or forgo any expected bonuses, you may have to even beg, this is not the time for pride to get in the way. However if you are sacked, then try to accept it gracefully as some companies may have to sack you for legal purposes.

What Next?

As I knew that I had made a major mistake, I did not decide to appeal the decision. However if you truly believe that you have been wrongly dismissed then speak to both the Citizens Advice Bureau (CAB) or ACAS to see if you can take any action. You may be able to get some compensation or bargain for an agreed reference if you have been wrongly dismissed. It may seem slightly negative, but if it’s unlikely that you will win an appeal, then I would not bother appealing as all you are doing is annoying your previous employer who are less likely to help you in the future when you need a reference.

If you don’t decide to appeal your dismissal then I would consider the following:

· Understand what made you commit the action which caused you to be sacked. This should help you choose you next career path so that you don’t make the same mistake again.

· You may have to lie about why you left your old job. So think of an explanation of why you left which will stand up to interrogation and is more about you seeking new opportunities than bad mouthing your previous employer. I do not advocate lying, but I do understand that everybody has to put food on the table. Even Christians acknowledge that stealing bread is acceptable if it’s to feed your starving family.

· If you do have to explain why you were dismissed from your old job. Then try to think of plausible reasons and show that you have learnt from the experience. I believe a future employer is more likely to take a chance on somebody who admits that they made a mistake and has learnt from the situation, rather than somebody who is still bitter and blames somebody else.

Determining what Reference I would get

After being sacked from Dave’s Motors, my first worry was what type of reference I would get. So I decided to wait for the dust to settle and I contacted the HR manager who had attended my disciplinary hearings. I generally think he was happy that I did not make a big fuss about the whole situation, as it reduced his workload. He said that when providing a reference all he could state is that I worked at Dave’s Motors between date X to date Y. No mention would bemade that I was sacked for gross misconduct, however normally they would state that a previous employee was an honourable and reliable person, but for me they could not. I generally think this is the general practice for firms in the financial service sector.

SoI decided that I would just put him down as my reference. I considered asking a few old colleagues so see if I could use them as a reference, some of whom did not know why I had been sacked. However after much consideration I decided notto ask them as if it was ever discovered that they had given false reference, they could get into serious trouble.

If you don’t feel comfortable contacting your previous employer, then I understand that you can pay for reference checkers to check what type of reference you would get.

Getting a loss leading job

Afew weeks after losing my job I wanted to get a job any job, just so I could distance myself from Dave’s Motors. This could be working in a pub, local cafe, local shop, for a friend or just generally doing odd jobs. Many people refer tothese jobs as “loss leading” as your wage is normally lower than your previous job and in many circumstances you would probably be in a better position if youjust received jobs seekers allowance.

While at University I had worked for a hospitality agency that needed staff to work at sporting stadiums and other high profile events. So I went back to them and just said that I had lost my job. Within a couple of days of signing up I had work and all they asked for was two references. I put down somebody who I had volunteered with while suspended and said that I would email them details of another reference. I have never been asked for details of a second reference which sort of highlights how some companies do not properly reference check, but given that I had worked for them previously, they already knew that I was a reliable employee.

I also joined another agency in order to get a bit more work, they asked for two references and I just provided a friend and again the person who I had volunteered with. Because I was working in a different industry on minimum wage, I don’t think that they cared what my previous job was; they just wanted conformation that I was an honourable and reliable person.

By working for two agencies, if I ever get asked to provide references for my last two employers I can state them instead of the job I was sacked from. However I think many employers want references from the last 2 – 5 years, not your last two employees.

Why you should get aloss leading job.

You’re earning money which can ease some financial worries you may be having.

You’re getting out of the house, meeting new people and generally taking your mind off your current employment situation.

You’re getting distance from your old job and obtaining another reference.

Walked into arecruitment agency.

I had been working for two agencies for a week, when I was doing a bit of shopping and decided to pop into a well-known national recruitment agency. I stated that I had resigned from my job (using a story that I would use for allthe interviews that I would attend) and I was looking for a bit of work while searching for a new job. The lady at the agency was pleased to hear that I wasflexible with regards to what I would do and that I could start immediately.She asked if I could attend an interview the next day for one of her clients who are a large international company. She then mentioned references; I asked if she could not speak to Dave’s Motors as I didn’t want them to know that I was looking for a new job. She said that she had to contact them to confirm the dates that I worked and in her words confirm that I “didn’t steal all the pens”.

The next day I attended the interview, the interviewer said that they needed somebody to do some admin jobs around the office on an on-going temporary basis for a couple of hours a day, Monday to Friday. I was told later that day that I had got the job and asked if I could provide a personal reference, once again I provided the person who I had volunteered with while suspended from Dave’s Motors. As I was working on a temporary basis, I am actually employed by the recruitment agency. To this day I have not been asked for details of anybody at Dave’s Motors. However because the recruitment agency that employs me is anational agency it would not surprise me if they already had contact details of the HR department at Dave’s Motors, who just sated that I had worked between date X to date Y. Or they may have just forgotten, which is another referencecheck that I have passed, highlighting that they are not as stringent as people think.

I do know that they did check my personal reference as they wanted another reference as the person who I had volunteered with had only known me for acouple of months, while they required somebody I knew for over two years.

Telling Everybody

When I was finally in a position to look for a job in the finance industry, I added my CV to a couple of recruitment websites such as Monster and CV Library. Over the next couple of weeks I had a number of recruitment agents and firms ringing me up to see if I wanted to apply to certain roles. The first question was normally why I was looking for new employment, so I was very honest and explained that I had been sacked my Dave’s Motors for gross misconduct. Most of them just never came back to me, while a couple said that they would look into it and thel ater said that they would not be able to help me. Only one agent said that they would help me. So from this point onwards, it was clear that if I was going to get a job back in the financial services sector, I would either have to lie about why I left or change how I would go about telling people about why I left Dave’s Motors.

If you have to tell the truth

As I have said previously I do not advocate lying, however for most of the population work is very important not just for income but also mental health. So lying about why you left job may be the only realistic option available. However some people may just have to tell the truth and hope that somebody will provide them with a second chance. Don’t worry everybody makes mistakes and deserves a second chance. I actually believe (I may be slightly biased) that if you provide somebody with a second chance, they will be so grateful for the opportunity that they will be a loyal and trustworthy employee who is unlikely to make the same mistake. So if you have to tell the truth I would recommend the following:

· Don’t be upfront about why you left. For some jobs over 100 people apply for one position. So recruiters are looking for reasons not to interview you. By being upfront you are giving them a perfect excuse not to invite you to an interview.

· I would suggest that if the application process involves more than one interview, then attend the first interview and don’t mention the real reason for why you left your job. Then if you are invited to the next round, either explain why you lost your job at the second interview or ask for a meeting to provide your explanation.

· If the application process involves only one interview, then you can either provide your explanation at the interview, or wait until you have been offered the job and then ask for a meeting to provide your explanation.

· When providing your explanation, show that you have learnt from the experience and that you know that you have made a mistake. If you blame somebody else, then you’re not showing that you have learnt from your mistake and a recruiter is unlikely to give you a second chance.

· Try to get somebody from your previous employment to explain to the recruiter the mistake that you made and that you were generally a good employee.

· You may need to try a find a new job through unconventional routes. The conventional routes of applying for jobs through recruitment agency’s or job advertisements may be out of the question. Therefore you may have to speak to previous co-workers, bosses or contact companies directly.

Referencing in general

I have done a lot of research into referencing, and I have general found out the following:

Employers are legally only allowed to provide positive references. However they can refuse to provide a reference, which is basically a bad reference.

Some firms which just state the dates that you worked even if an employee leaves on good terms. As they can come under security if they state that a previous employee is a reliable person and then commits an action at their new job which shows they are unreliable.

Even though firms are only allowed to provide positive references, I believe that the HR community is very small and they may know each other or have worked with each before. Thus they may say something such as, he worked between date X to date Y, however off the record he got sacked for gross misconduct.

All references are to do is to confirm that you worked between the dates stated on your CV, you are a reliable person and the reason why you left. Some firms conduct two or three interviews, so they don’t really want to check whether you have lied about what you did in your last job on your CV, as over two of three interviews its easy to determine if somebody is lying.

The person who obtains the references may not be the same person who interviewed you. So you may be able to get away with not putting down the reference for the job that you got sacked from.

I decided that I would lie (not really proud about it) about why I left Dave’s Motors. I have got a couple of final interviews, so if I do get a job I am justgoing to put down the HR manager. If I pass the reference check then I think Iwill be fine. If I don’t then I think it’s unlikely that I will get a job backin the financial services sector.

If I don’t pass the reference check, then I will try and get a temporary job in adifferent industry where there is scope for career progression and then just try and work myself up the ladder. I should be ok with the references for a temporary role as I now have three employers since Dave Motors.

Good luck

I hope that you found my story useful and I will update you with my progress as it develops. However please do not take what I say as gospel as I know that I am not a recruitment expert. I am just somebody who made a massive mistake, lost his job and is trying to get back into employment. I would love to hear the experiences of others as well as experts in the recruitment and referencing industry. Don’t worry if you think you are criticizing me, I am firm believer in tough love. I am just going to do is leave you with the following tips:

· Don’t give up and stay positive, you may get rejection after rejection but somebody will give you a second chance.

· Don’t let pride get in the way; yes you may be overqualified for a certain role. However by getting a job that you are overqualified for, you have the ability to show off your skills, you can’t show of your skills sitting at home watching TV.

· Pull your finger out and work hard. In the short term you may have to work 40 hour weeks on minimum wage, while applying for jobs as well as having to look after your family. However in the end it will all work out and the hard work would have been worth it.

· Potentially get some temporary work; some agencies need people to work immediately. So you may be in the situation that the agency don’t find out what you have done until you have been in the job for a couple of days. Thus it may look very embarrassing for the agency if they go back to their client and tell them thesituation.

· Many firms actively advertise that they employ ex-offenders by giving them a second chance. So it could be an option to contact these firms directly to see if they will offer you a second chance.
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Comments

  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    edited 9 March 2014 at 2:23PM
    I gave up after a little while.

    Many of your points are plain wrong - "Employers are legally only allowed to provide positive references" - not true.

    "Try and let as few colleagues as possible know about the incident" - if you discuss with any employee while under suspension, you are likely to be dismissed as its standard practice to gag suspended individuals from communicating.
    Don’t be a can’t, be a can.
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    Looks like an incredibly poor copy & paste job if I'm being totally honest, lack of proper spacing etc makes it so difficult to read that I gave up in the second paragraph.

    There's plenty of advice & most of it centres around the one simple fact - if you've made a mistake, learn from it.
    Retired member - fed up with the general tone of the place.
  • ohreally wrote: »

    Many of your points are plain wrong - "Employers are legally only allowed to provide positive references" - not true.


    Not legally true.

    But never seen an employer to give a written, negative one.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    Mbbx7tp3 wrote: »


    Referencing ingeneral

    Ihave done a lot of research into referencing, and I have general found out thefollowing:

    Employers are legally only allowed to provide positive references. However they can refuse to provide a reference, which is basically a bad reference.

    .
    Way out on referencing I'm afraid, they are legally allowed to provide a bad reference as long as it can be backed up factually.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Not legally true.

    But never seen an employer to give a written, negative one.

    I've seen a fair few, highlights including a detailed breakdown of very poor timekeeping and another all but saying the individual was a raging alcoholic! Clearly the latter was on dodgy ground but the applicant did not seem surprised when their offer was revoked, and did not ask for further details.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Not legally true.

    But never seen an employer to give a written, negative one.

    Not sure of the point you're making - i'm quoting the op's text.
    Don’t be a can’t, be a can.
  • Shazza122
    Shazza122 Posts: 177 Forumite
    I don't agree on a lot of your points I'm afraid.

    I have been totally upfront with agencies re my reason for leaving and it hasn't been a barrier to getting temp work at all...I got my first role 3 days after I signed up with one agency...I've now just been offered a three month contract in another role....once again I was honest with the agency.

    Personally I couldn't lie to a potential employer...I understand why you would consider this if the choice is between feeding your family and struggling...however I always think there are other options.

    You say if it involves more than one interview then only state reason for leaving if you reach the second stage...so you lie in the first then expect the employer to look favourably in that?!?

    Yes your comments re positive and negative references are not true at all...

    I think if you are dismissed for GM your advice is very misleading and there is much better advice on here for people going through this.
  • columbiana
    columbiana Posts: 73 Forumite
    I have to agree with a lot of this, and if nothing else it gives many folk in the same situation hope, and a ray of light at the end of the tunnel. Other than the reference bit (employers can give a FACTUAL reference, be that good or bad) this post is mainly a big up for people who need it most... those who have been searching relentlessly and think its pointless. We can all move on from a bad experience, why not share a positive experience? I have had a terrible experience with an old employer, and thought my life would never be the same. I was right... its better now! Keep searching, and it'll be worth it in the end :)
  • Surely the best advice would don't do something which constitutes as gross misconduct in the first place?! If you have though I'd be inclined to miss out any mention of that former workplace when applying for jobs, or have someone you're still friendly with agree to do a reference for you. Certainly don't broadcast it to the world.
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    But never seen an employer to give a written, negative one.

    I've sent out well over a hundred negative references (mainly for the same guy). I work in financial services, and in that industry you can sometimes be required to give a negative reference.

    You can be left having to say: he was a financial adviser for us; more than 300 of his clients made complaints about him; and we upheld almost all of those complaints. That particular guy is simply not going to work in financial services in the UK again (which IMO is no bad thing - I'm all for second chances, but he actually had a few of those).

    So, if you work in an industry like that, or one where you'd have to work with vulnerable people, the only real advice I can give is to change industry.
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