Gross misconduct and dismissal advice

confusedandneedadvice

If they do sack me (which I am guessing they will) do they have reason to provide me with a bad reference as I did not realise I wasn't allowed to do it - for instance I have had friends who know someone who works for the same company take things back that they have been given as gifts by people who work for my company - and seeing as I have been extremely hard working and good at my job?

Bantex_2

confusedandneedadvice wrote: »

If they do sack me (which I am guessing they will) do they have reason to provide me with a bad reference as I did not realise I wasn't allowed to do it - for instance I have had friends who know someone who works for the same company take things back that they have been given as gifts by people who work for my company - and seeing as I have been extremely hard working and good at my job?

just apologise, admit unknowingly you did wrong, explain you didn't realise and hope for the best.

tomtontom

confusedandneedadvice wrote: »

If they do sack me (which I am guessing they will) do they have reason to provide me with a bad reference as I did not realise I wasn't allowed to do it - for instance I have had friends who know someone who works for the same company take things back that they have been given as gifts by people who work for my company - and seeing as I have been extremely hard working and good at my job?

They can say that you were dismissed for gross misconduct. A reference can be negative as long as it is true. You may be able to negotiate a neutral reference, simply stating dates of employment.

Torry_Quine

tomtontom wrote: »

They can say that you were dismissed for gross misconduct. A reference can be negative as long as it is true. You may be able to negotiate a neutral reference, simply stating dates of employment.

This is correct, so you really need to grovel.

confusedandneedadvice

I have done that, I've asked for a chance to prove myself and said that it was a mistake and that I would be willing to work under any terms they wanted to put on my contract in order to try and prove myself. I'm worried that such a silly mistake could potentially ruin my career for life if they provide me with a bad reference.

tomtontom

confusedandneedadvice wrote: »

I have done that, I've asked for a chance to prove myself and said that it was a mistake and that I would be willing to work under any terms they wanted to put on my contract in order to try and prove myself. I'm worried that such a silly mistake could potentially ruin my career for life if they provide me with a bad reference.

It can be difficult to get a job after a gross misconduct dismissal, but it certainly will not ruin your career for life. You can overcome the problem by getting temporary work as soon as possible, basically taking whatever work is available, so you can put something else down as your most recent employment.

confusedandneedadvice

Ok so they have asked me to go in tomorrow at 2pm to discuss. If they were going to dismiss me would they not just do it over the phone? Or would they have to call me in to dismiss me anyway? I'm keeping everything crossed.

unlikelyheroine

Anyone can make an honest mistake at work, but it never ceases to amaze me the risks people will take over their job in order to save or make a few quid. Is it honestly worth it? I do wish you luck in sorting it out though as job stress is very tough.

You've been given some good advice above... Grovel. My own personal view would be not to try to justify what you did by saying that no-one told you you couldn't, or that someone else did it too etc. It should be obvious that you cannot take trade samples obtained as freebies through work into a retail store, and swap them for completely different products as if you were a regular customer who had paid for goods in the first place... I wouldn't expect to have to point that out to staff. Acknowledge what you have done and say sorry - no legal advice given here, just my guess at what would go down best with an employer, as others have suggested.

Savvy_Sue

confusedandneedadvice wrote: »

Ok so they have asked me to go in tomorrow at 2pm to discuss. If they were going to dismiss me would they not just do it over the phone? Or would they have to call me in to dismiss me anyway? I'm keeping everything crossed.

Don't get your hopes up: have they given you a reason for inviting you in? ie are they still 'investigating'? Or is it a disciplinary meeting following an investigation?

It's not good practice to dismiss over the phone, although it can happen. And they don't think at this stage of your employment they have to offer you the right of appeal if they do dismiss you, but they may do so.

FBaby

It's normal procedure to have a discplinary when you will find the outcome of their investigation.

All I can advise is try not to justify yourself but focus on admitting your error (again) and that you will make sure it never happens.

Ultimately, they will probably have already made their decision, but depending on the company's attitude and how pleased they have been of your work so far, you can hope for a written warning only. Not al disciplinaries lead to dismissal.