Dismissed from dwp for gross misconduct

Alisson2020

Hi 
I wonder if anyone can help me , I have been dismissed from dwo for gross misconduct ( breach of security information, I made a genuine mistake when I started with the department was 6 weeks from my employment I accessed my closed UC claim for training I wasn't aware of doing anything wrong ,and on October they discovered what I did and I was shocked because was the same day that I was informed that I have succeed my probation period and that everyone was happy with my performance attendance and behaviour) I appealed against the decision because I believe that I didn’t attempt any fraud and my union rep provided evidence of luck of training but the decision was upheld wish made me suffer serious mental health issues because I was was honest but they didn't  believe me. 
Since that I applied for many jobs and I got a temp job wicv is really risky for my self and my husband for being extremely vulnerable for covid19 and I had to face that every day for my financial commitments, I recently applied for another civil service job, my concer is I am not sure if my details will be held on the Internal Fraud Database because I am dismissed although on the dismissal letter they didn't mention that I committed any fraud. 
Can you please advise me what to do 

Undervalued

Alisson2020 said:

Hi 
I wonder if anyone can help me , I have been dismissed from dwo for gross misconduct ( breach of security information, I made a genuine mistake when I started with the department was 6 weeks from my employment I accessed my closed UC claim for training I wasn't aware of doing anything wrong ,and on October they discovered what I did and I was shocked because was the same day that I was informed that I have succeed my probation period and that everyone was happy with my performance attendance and behaviour) I appealed against the decision because I believe that I didn’t attempt any fraud and my union rep provided evidence of luck of training but the decision was upheld wish made me suffer serious mental health issues because I was was honest but they didn't  believe me. 
Since that I applied for many jobs and I got a temp job wicv is really risky for my self and my husband for being extremely vulnerable for covid19 and I had to face that every day for my financial commitments, I recently applied for another civil service job, my concer is I am not sure if my details will be held on the Internal Fraud Database because I am dismissed although on the dismissal letter they didn't mention that I committed any fraud. 
Can you please advise me what to do 

Probation has very little meaning in employment law beyond possibly conferring some additional contractual benefits if it is "passed". In another sense all new employees are on "probation" for two years as there is little legal protection against dismissal until then, except for unlawful discrimination and certain other more obscure protected reasons.

If I read your post correctly you had only been there six weeks? If so then there is unlikely to be any redress open to you.

Alisson2020

When I made the mistake was 6 weeks but when I was dissmissed I had 6 months with them

[Deleted User]

All you can do is try. Now you've already made the new application, all you can do is just await to see what gets said? If you can't bare that then find out if withdrawal is available to you or chose not to take it any further? Which would cause less pain. Would you want to work for an insisitution would treated you as such and caused much anguish after their handling of the situation first time round. Currently in a job where I quite like speaking to the customer base, I've tried really hard never been so under the day's target, I'm not technically minded when it comes to service side of the role, made a couple of bum sales shall we say and by end of the first month, having my confidence knocked, I'm asked if I enjoy it. Slightly different as it wasn't g/m but many years ago I un-maturely and un-wisely left a company, it is still on my CV though, when they last had jobs going I put an application in, getting rather surprisingly past first sift but then didn't hear anything further so just told myself that was the answer. No embarrassment.

Marcon

Alisson2020 said:

Hi 
I wonder if anyone can help me , I have been dismissed from dwo for gross misconduct ( breach of security information, I made a genuine mistake when I started with the department was 6 weeks from my employment I accessed my closed UC claim for training I wasn't aware of doing anything wrong ,and on October they discovered what I did and I was shocked because was the same day that I was informed that I have succeed my probation period and that everyone was happy with my performance attendance and behaviour) I appealed against the decision because I believe that I didn’t attempt any fraud and my union rep provided evidence of luck of training but the decision was upheld wish made me suffer serious mental health issues because I was was honest but they didn't  believe me. 
Since that I applied for many jobs and I got a temp job wicv is really risky for my self and my husband for being extremely vulnerable for covid19 and I had to face that every day for my financial commitments, I recently applied for another civil service job, my concer is I am not sure if my details will be held on the Internal Fraud Database because I am dismissed although on the dismissal letter they didn't mention that I committed any fraud. 
Can you please advise me what to do 

A breach of security information isn't fraud (at least not automatically). Why are you so concerned about fraud - were you told that you were suspected of this?

Alisson2020

Thank you no they didn't mention any fraud and I wasn't even suspended I was working from home till the last day when I had the decision back for dismissal. I just found it on the civil service pre employment check when someone is dismissed they need to check if his details are on the IFD if so they want offer him the job 

lincroft1710

Applying for another CS job when you have been recently dismissed from one for gross misconduct doesn't seem very sensible. CS departments do tend to check past employment history and references. It might be better to wait a few more months or years. 

unholyangel

It's covered by their core values and the code of conduct you sign when you join. Ethics, integrity or conflict of interest - can you remember anything about those when you started? 

Also, it can be fraud - by abuse of position. But it would require intent to gain/cause a loss. However, civil servants are normally bound by additional laws because they're in a privileged position (access to information/systems). The legislation depends on the department/role you have. But breach of those is a criminal offence also. So it's not necessarily just fraud as it would apply to the average joe. 

Even if you are not on the IFR, as you will be applying to work for the same employer again....I suspect they will have a full record of what happened and I would've expected them to ask at least reason for leaving, possibly also if you had any disciplinaries. Those on the register are barred from employment. Not being on the register means you can still be considered. But it doesn't mean it (misconduct) can't be taken into consideration. 

I'm not saying not to apply. But perhaps expect worst case scenario so anything else is a bonus. For a certain answer on future applications, you might be able to do a SAR. I'm guessing you wouldn't have the answer to that before this one closes though. 

TELLIT01

One of the first things I was told during initial training with DWP was that you must not access your own records, nor should you work on anything involving family members.  If, when working in a benefits environment, you are given such work to do you should inform your supervisor/team leader immediately.  I would be surprised if that is not still in basic training modules.

Emmia

If you're applying to work at DWP again (and are offered a role) you'll almost certainly get asked if you've ever worked there previously as part of the pre employment checks. 

Is the job likely to be in a similar team/area to where you previously worked?

You should bear in mind that although your employment was brief, they'll have unique information on file about you like your NI number, ID information (passport or photo driving licence) which if you are on a fraud database will rule you out pretty quickly.

Sandtree

You need to be clear, when you have to be, that you were sacked for breaching the data security rules not for fraud. The data security rules are there for various reasons, including counter fraud, but a breach of them doesnt automatically equate to fraud. Future potential employers will be more sympathetic to a story of not understanding the rules properly and just being nosey -v- any crimes around personal ethics.

Even back in the 90s when lots of things that were allowed that arent now it was a strong rule that you cannot look up your own records or those of family/friends.