Misconduct on employment references

Valgytis78

Has anyone been dismissed for gross misconduct in the Financial services space? The company has said that the references will mention the gross misconduct making it almost impossible to find work in every sector, not just FS, but to anyone who asks for them. Is this even fair? Feels like pushing you slowly to a very dark path and it is like going against someone's human rights. I have had some interviews now, but one firm run away when I hinted it. 
 Any suggestions as to how someone can find a job again in FS? The contracting route seems quite difficult nowadays and I'm pretty sure that with such references, even if you explain what happened (in this case a dispute between 2 colleagues, no theft or fraud or assault, etc, but one word against the other, with the other person not being fully honest which is even more hurtful) and life has been shattered for the last 3-4 months. Even more as I offered to resign and the firm did not accept. Also HR at the outset of the process was not entirely honest and told me that the GM would have been disclosed only for regulated references purposes.
  

68ComebackSpecial

You might not consider it to be fair, but as it is the truth your former employer can include your dismissal in any reference they give. Even had you resigned your post prior to dismissal they could have put that you did so pending a disciplinary investigation for gross misconduct. 

BrassicWoman

if it's a regulated role, they are obliged to disclose many kinds of misconduct even if not asked about it.

Change sector.

tizerbelle

I haven't been in your position so can't give any advice from that perspective but have you tried speaking with a recruitment agency where you can get ahead of the issue and tell them your reference will refer to GM and explain succinctly and objectively what happened.  If you can sell them on your skills and experience and get them on side hopefully they could be an advocate for you in future applications.

But do not talk of GM being detailed on your reference as  "against human rights" - you are being ridiculous here.  It is factual, you were dismissed for GM.  Neither refer to fair, work isn't fair and employment laws deal with what is legal not what is fair.  It's not fair is a phrase that should only be used by 5 year olds.

General_Grant

You'll have to accept that an FS job would entail your former employer mentioning the headline circumstances of your dismissal but ask your former employer's HR department/contact what a standard reference would be for a non-FS area job.  Would they simply state employment dates and possibly your job title?

"Fair" is used in employment law but this is about being fair or unfair in a legal sense, not what you may think is considered fair in common parlance.

Brynsam

Valgytis78 said:

Has anyone been dismissed for gross misconduct in the Financial services space? The company has said that the references will mention the gross misconduct making it almost impossible to find work in every sector, not just FS, but to anyone who asks for them. Is this even fair? Feels like pushing you slowly to a very dark path and it is like going against someone's human rights. I have had some interviews now, but one firm run away when I hinted it. 
 Any suggestions as to how someone can find a job again in FS? The contracting route seems quite difficult nowadays and I'm pretty sure that with such references, even if you explain what happened (in this case a dispute between 2 colleagues, no theft or fraud or assault, etc, but one word against the other, with the other person not being fully honest which is even more hurtful) and life has been shattered for the last 3-4 months. Even more as I offered to resign and the firm did not accept. Also HR at the outset of the process was not entirely honest and told me that the GM would have been disclosed only for regulated references purposes.
  

A mere 'dispute' rarely leads to dismissal for gross misconduct. I can understand why you quite rightly wouldn't want to go into details on a public forum, but without knowing more, trying to give any sort of constructive advice is a lost cause.

Your chances of finding another job in FS, regulated or otherwise, are going to be very slim indeed. Realistically your best hope is to look at other sectors, preferably self employed, and consider a complete career change, albeit temporarily while you consider what to do in the longer term.

jonesMUFCforever

In my former employment you either left as a good or bad leaver. A good meant a proper reference through HR - bad I could not tell you what would be included as thankfully I never had to ask them.
I suppose it depends on what the misconduct was.

Undervalued

Valgytis78 said:

Has anyone been dismissed for gross misconduct in the Financial services space? The company has said that the references will mention the gross misconduct making it almost impossible to find work in every sector, not just FS, but to anyone who asks for them. Is this even fair? Feels like pushing you slowly to a very dark path and it is like going against someone's human rights. I have had some interviews now, but one firm run away when I hinted it. 
 Any suggestions as to how someone can find a job again in FS? The contracting route seems quite difficult nowadays and I'm pretty sure that with such references, even if you explain what happened (in this case a dispute between 2 colleagues, no theft or fraud or assault, etc, but one word against the other, with the other person not being fully honest which is even more hurtful) and life has been shattered for the last 3-4 months. Even more as I offered to resign and the firm did not accept. Also HR at the outset of the process was not entirely honest and told me that the GM would have been disclosed only for regulated references purposes.
  

To dismiss fairly (in law) an employer does not need proof, only a "reasonable belief" that the misconduct took place.

As others have said, a reference can say anything that is true, providing it is not deliberately misleading. Although many firms choose to restrict what information they routinely put in a reference others are more forthcoming. As you are no doubt aware, special rules apply for regulated positions within the financial sector (and some others areas) where full disclosure is mandatory.