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

jobbingmusician

smacca87 wrote: »

I'm currently on suspension with full pay for allegations made against myself and another staff member. I'm petrified that if I lose my job I will struggle to get into employment. However it's more to do with my references as it will state on their that I have been suspended whilst on investigation, I also work part time and volunteer so my idea is if unfortunately I do find myself been dismissed that I don't have to use this work place for a reference I can use 2 to 3 other references from my part time job and my volunteering. Is this a good idea?!?! I'm sos tuck I don't know what to do I just don't want it to bite me in my butt down the line. I won't be lying about my references just don't know what path to take help!!!!

If you want advice, start a new thread, don't piggyback on this one. You'll get much more/better advice

ScorpiondeRooftrouser

I'd start a new thread if I were you; you've appended this to something that was just spam to get a post count up.

makeyourdaddyproud

TL;DR I'm afraid

Mbbx7tp3

Dear All

Nearly three years down the line I thought I would give you another update. I am still in my job and they still dont no that I was sacked from my previous employer.

From what I gather (please dont take this as gospel) for most firms they only require five years worth of references or your last two employers. Therefore my plan after five years to leave my job and move to a different industry.

Obviously I am not proud of what I have done and in an ideal world I would have told them, however what has happened has happened.

Anybody reading this who has had a similar problem please feel free to contact me. The above is just my story and its meant to give hope to people in a similar situation. Just remember it will get better.

Always_Alba

It's been interesting to read this thread and to know that there is life after gross misconduct.

I am currently going through the process, I have had an allegation made against me in December, I have had the investigation meetings followed by a disciplinary hearing this week and I am now waiting to hear the outcome. My case is a bit more complicated in that it's not so black and white in respect of the allegation and so there is the possibility it could go anyway. I would like to offer a few more words of advice to anyone who may be or may end up in a similar situation. They are in no particular order.

1. As soon as you are made aware of an allegation, write down your version of the events in as much detail as possible. It is likely these things will take weeks or months to sort and you can quickly forget little details that may ultimately prove useful. And for every meeting, prepare, prepare, prepare. I wrote down 15 pages of A4 as my defense and merely read it out. If you don't prepare, chances are you will waffle and forget some important details.
2. Get a copy of your disciplinary procedure and go through it line by line to make sure your company is following the rules correctly. In my case, my senior manager didn't follow the first steps and so I was able to lodge a grievance; this could be useful at any future tribunal or to lesson the outcome.
3. If suspended, use the time to reflect on the job you have been doing and if you want to carry on doing it. Even if you believe you are totally innocent, there are probably some lessons you can learn. If you want to stay with your present employer, you need to fully cooperate with the process and admit to certain failings and that you will be a changed person going forward.
4. If you decide you don't want to stay with your current employer, you need to stop looking backwards and start looking forwards. Draw up a new CV, sign up to the job websites and start making applications. You will be surprised how many jobs are out there at the moment. Have an open mind and consider doing something different.
The issue of a future reference is a big issue and so you have to ensure that you will leave this job with as good a reference as possible. Again, this means cooperation at all times with the process and admitting you could have handled things better. You could try asking for a basic reference if you decide to resign.
5. Plan for all possible outcomes. If you are found innocent and want to leave, then you can just hand in your notice and move on but you may not get JSA or Universal Credit. If you are found guilty but are not sacked, then you may have to live with a mark against your reference for several months. If you are sacked for GM, you have to know what are your options. As the thread says, do some charity work, contact a job agency, or be totally honest with any future job application. The main aim should be to put space between your current employer and you, so that future job applications don't require a reference from your current job.
6. It does appear that references vary a lot. Some will merely ask for dates that a person was employed, others may ask a question like "would you employ this person again", however i have seen that some jobs (university jobs), they ask if a person has ever been subject to disciplinary action. All of this does appear to suggest a bit of a lottery so my advice would be to apply for a job and if offered it, tell them what has happened, a lot of employers will appreciate your honesty.
7. If you are suspended and if possible, start saving as much money as you can given you may have a period without any income. It is amazing how much can be saved by only buying essential items. Usually suspension comes with full pay so you could receive several months pay for basically sitting at home.
8. Don't lie, never lie, that's assuming you want to sleep at night. Accept that on some days you will be very low, whereas on other days, you will see the potential opportunities that may await a fresh start. For me, the uncertainty of not knowing how this will end has been the biggest worry.
Should you resign before being potentially sacked?. I would say no but I can see pro's and cons either way. I decided to see the process through to the end but I guess if a company is prepared to give you a decent reference if you resign, then that has to be a factor.
9. Check the ACAS website, speak to the CAB. They can give you advice around employment and claimable benefits.
10. Accept that whilst you are in the disciplinary process, this is only half the story. It is perhaps only in six months or a years time that you can look back and review in full the events. I am sure for many, leaving a job could be just the kick up the backside they needed. In my position, whilst I have been doing my job for a couple of years, I can't say I was loving it and so I am seeing the positives, even if I am sacked, I can see that for this year it may be difficult but that in future years, I hope to be in a much happier position.

annandale

Why should anyone have to admit certain failings or admit that they could have handled things better? Not everyone who is under investigation has actually done anything wrong.

I think the original post contained some really poor advice.

Always_Alba

In my case, i don't believe i have done anything seriously wrong, however i do admit things could have been handled better.
The trouble is, when youre in the middle of the disciplinary hearing and are asked if things could have been done in a better way, this appears a very loaded question.
Answer no and you could be seen to be too cocky or arrogant or not willing to accept there is an issue.
Answer yes and you could be admitting guilt.

If a person believes they have not done anything wrong and that there is no behaviours to correct, they should ensure they can justify this view.

Obviously everyone will have their own view and everyone's situation will be differrent but for me, i smiled and answered that both parties could have handled things better, however i also said i didn't regret making the decision i did. Thankfully and having done the preparation, i was able to provide full context and full justification.

In general, whilst you are told no decision has been made, it is difficult not to think that following a period of suspension and then a hearing that there is this "guilty until proven innocent" feeling, as other forums confirm. It is therefore useful to put yourself in the shoes of the investigator and look at how they may be viewing the evidence and also what they may be looking for, especially true when a case is not black and white.

Always_Alba

Further to my last posting in February, I would like to provide an update to help anyone who is going through the process of Gross Misconduct or who is now having to look for a new job.

I was dismissed at the end of February. I chose not to appeal as I was wishing to move on and so I wanted to use all of my energy looking forward and not backwards. I accepted that this would cause me potential problems.

Fortunately, I had been able to save a fair amount of money and as my partner is working, there was little pressure on our finances (I am very lucky). We did cease all non essential spending and surprised ourselves how frugally we could live (a lesson for the future). I had a CV ready and having signed up to many job sites, I was able to apply for several jobs a day. My CV did not mention Gross Misconduct, it just said I had left my last employment and was now looking for a new challenge. I was also completing various application forms and so entered the words "contract ended" when asked about a reason for leaving, i would recommend to keep it vague but not to tell an outright lie.

I started to get interviews and decided to be upfront at the interviews and explain why I had left my last job, on other occasions i was asked direct. The interviewers thanked me for being honest and then promptly didn't give me the job, though in some cases, I am sure there were better candidates and in others I wasn't very good. However, I do believe I was not offered certain jobs because of the gross misconduct. In my case, I chose this course rather than being offered a job and then having it refused later, for me, the uncertainty of a reference did not sit comfortably.

After a month or so, I decided to sign on and this was done without any problems. An additional small income was welcome and also the fact that my national insurance stamp would be counted. I had to explain to the JCP about my dismissal but there was no sanction, even allowing for the fact that I didn't appeal the decision. I also decided to look at volunteering as another way of cleaning up my CV and not having to use my last employer for a reference. Two months of volunteering would then allow me to use them as my current work.

My situation has now materially improved. At the end of last week, I had an interview for a company who needed a worker asap. I explained again about my dismissal and after being thanked for being honest, they offered me the job; thankfully they have seen that my skills are worth more than my dismissal, the fact that I was available for an immediate start was a useful plus. They have now got my reference from my former employer and all it says is when i started and when i finished, nothing more.

I started my new job today and the relief is immense; I now feel I can finally move on from the recent troubles. Of course I have learnt a bloody big lesson but I have good vibes about this new work; I have also learnt about my ability to handle a crisis and also how to live a less stressful life outside of work.

My final advice to anyone who may be faced with dismissal is to not give up, remain positive and to take any actions necessary to either defend your position or move on. If you are dismissed, it probably will be difficult to find new work but it can be done, you just need to be patient, pro active, honest and realistic. Don't forget what happened but don't let it take over your life; some good can come from adversity.