Employment Advice

ajben2424

Hi,
I'm wondering if someone could give me some advice if possible.

So i've recently just been dismissed from a recruitment company for "Gross Misconduct" as my old boss had been looking through my emails while I was off for the Christmas break and found some emails which had been deleted between myself and another colleague (a friend) - so she'd recovered some my deleted emails. The recent emails were discussing how I should approach handing my notice in as i'd found another job as I was nervous to approach the situation I was looking for some guidance. I decided to hand my notice after Christmas as I thought I was doing the right thing giving them some time to find someone to replace me and I could do a handover etc...

Upon returning to work I asked my manager for a meeting as I wanted to discuss me leaving the company and my reasons why. As the meeting begun they said "we know how this meeting is going to go, you've been looking for a new role, you are going to hand your notice in so we are going to save you a job as we are dismissing you" they wouldn't allow me to get my things as they got them for me and they asked me to leave. I was honestly confused as I wasn't allow to ask any questions.. so I left. An hour or so later I received an email saying they had dismissed me due to gross misconduct.

My friend later informed me that they have found emails between me and her which were personal conversations which were having an "office rant" yes, i'm aware this is misuse of emails but there was nothing malicious about the emails just having a bit of rant if something annoyed us etc as there was nobody else really to talk to etc. But my friend has been able to keep her job which doesn't seem fair but hey ho.

The next day I felt I had to inform the new employer I am due to start with what has happened incase they gave me a bad reference - they have now said they want a meeting with me this Thursday..

I am getting advice from the Citizen's Advice as I feel that if they were dismissing people then we both should have been and not just one?

The advice I'm looking for is how do I approach this with upcoming employers as it's not a nice subject to talk about and will this mean I will no longer be able to get an admin/secretary role again?

I'm honestly so upset with the whole situation in all my jobs I have since leaving school which is (3 jobs) never been dismissed and never left on bad terms it's either been for another role or travelling.. and yes, I hold my hands up and shouldn't have used emails to have a conversation with a friend - lesson learnt. This isn't the first time they have found a reason to dismiss someone when they are going to hand their notice in - it's like they don't want to pay them their notice so they find an excuse to get rid of them.

I do have another interview this week, I know the question is going to come up to why I've left my current role but i'm just not exactly sure how to explain I was dismissed due to "Gross Misconduct"

Any help/advice will be much appreciated - I am so upset about the whole situation.

agrinnall

If you have a way to do so I would challenge their conclusion of GM, you probably can't stop them dismissing you but to say that looking for another job is GM is utterly rididulous. Although as it's the recruitment industry the chances of them ever playing fair about anything are remote - I hope you are looking for jobs in another industry now.

ajben2424

Hi,
I haven't actually contacted them as I was so annoyed on how they dealt with the whole situation and I was so embarrassed, I felt as if they were trying to get one over on me because I was leaving and hadn't spoken to them first about it I was speaking with a friend instead.

Yes, the job I had accepted was within an accountants but I now feel they are going to draw the line with hiring me due to this stupid situation and i'm 100% convinced my old employer is going to give me a bad reference to ensure I fail.

But thank you for your advice

Undervalued

How long had you been employed?

What does your employee handbook (or similar) say about misuse of the company IT systems? It would not be uncommon for that to be on a list of examples of behaviour that may be treated as gross misconduct.

It could still be GM even if not specifically spelt out although depending on the work environment that might be harsh.

There is no automatic reason why two or more members of staff should suffer the same penalty for the same misconduct. Other factors could legitimately be taken into consideration either way.

A reference must be true and not deliberately misleading but could certainly say why you were dismissed and whether or not the firm regarded it as GM.

ajben2424

I have been with the business a year and half.

I have managed to find a copy of the handbook on my laptop which I saved when I started the company, it does state misuse of emails can result in a meeting etc (which I didn't know was in the handbook but i've held my hands up and i'm admit I shouldn't have used emails incorrectly it's not very professional of me). With regards to GM it says level 3 "includes damage to the business property, theft, fraud, sexual misconduct and severe bullying"

It also states that a disciplinary procedure will be conducted and a meeting maybe called in ways the issues can be resolved and the appropriate action needed and both parties to move forward.

I wouldn't really say any procedure was followed other than I was told I was being dismissed and that was final - the work environment was a recruitment company. I didn't even get chance to say that the meeting was to advise them I was handing my notice in, I just feel i've had a big X against my name all because I was looking for another role which was offering more money.

But thanks for your advice - lesson learnt I suppose don't misuse emails and read the staff handbook correctly.

Thanks for your advice and help.

Undervalued

ajben2424 wrote: »

I have been with the business a year and half.

Then you can be dismissed for no reason at all I'm afraid.

If you can show that real reason was one that could not reasonably be regarded as gross misconduct then you could claim wrongful dismissal and potentially be awarded the greater of your contractual notice or statutory notice of one week but that is all. However I think you may struggle.

It is of course possible if you threaten action and if need be file a claim, they may well settle rather than incur the hassle and expense of defending?

Comms69

ajben2424 wrote: »

Hi,
I'm wondering if someone could give me some advice if possible.

So i've recently just been dismissed from a recruitment company for "Gross Misconduct" as my old boss had been looking through my emails while I was off for the Christmas break and found some emails which had been deleted between myself and another colleague (a friend) - so she'd recovered some my deleted emails. The recent emails were discussing how I should approach handing my notice in as i'd found another job as I was nervous to approach the situation I was looking for some guidance. I decided to hand my notice after Christmas as I thought I was doing the right thing giving them some time to find someone to replace me and I could do a handover etc...

Upon returning to work I asked my manager for a meeting as I wanted to discuss me leaving the company and my reasons why. As the meeting begun they said "we know how this meeting is going to go, you've been looking for a new role, you are going to hand your notice in so we are going to save you a job as we are dismissing you" they wouldn't allow me to get my things as they got them for me and they asked me to leave. I was honestly confused as I wasn't allow to ask any questions.. so I left. An hour or so later I received an email saying they had dismissed me due to gross misconduct.

My friend later informed me that they have found emails between me and her which were personal conversations which were having an "office rant" yes, i'm aware this is misuse of emails but there was nothing malicious about the emails just having a bit of rant if something annoyed us etc as there was nobody else really to talk to etc. But my friend has been able to keep her job which doesn't seem fair but hey ho.

The next day I felt I had to inform the new employer I am due to start with what has happened incase they gave me a bad reference - they have now said they want a meeting with me this Thursday..

I am getting advice from the Citizen's Advice as I feel that if they were dismissing people then we both should have been and not just one? - Nope. no law requires this.

The advice I'm looking for is how do I approach this with upcoming employers as it's not a nice subject to talk about and will this mean I will no longer be able to get an admin/secretary role again? - Maybe, maybe not. It's impossible to say

I'm honestly so upset with the whole situation in all my jobs I have since leaving school which is (3 jobs) never been dismissed and never left on bad terms it's either been for another role or travelling.. and yes, I hold my hands up and shouldn't have used emails to have a conversation with a friend - lesson learnt. - how long did you work there? This isn't the first time they have found a reason to dismiss someone when they are going to hand their notice in - it's like they don't want to pay them their notice so they find an excuse to get rid of them. - well this doesn't sound like GM, so they will most likely have to pay notice pay (and O/S holiday) regardless

I do have another interview this week, I know the question is going to come up to why I've left my current role but i'm just not exactly sure how to explain I was dismissed due to "Gross Misconduct"

Any help/advice will be much appreciated - I am so upset about the whole situation.

I would maybe get a friend to request a reference from your ex-employer and see what that says.