Finding work after Gross misscunduct

Hi 
How do I get a job after being sacked for Gross miss conduct ?
What will go on a reference ? 
Will any employer look at me again 

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Comments

  • comeandgo
    comeandgo Posts: 5,901 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    At my last place of work all my employer would put on a reference was start date and finish date.
  • elsien
    elsien Posts: 35,545 Forumite
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    edited 13 April 2021 at 9:18AM
    It depends in part what the gross misconduct was, what job role you were sacked from and what sort of jobs you are now applying for. 
    As an example, mismanagement of finances, although still a trust issue, will be less relevant in jobs where you don't go near any money.  Whereas picking fights with colleagues and customers is going to impact on you in most job roles.
    I exaggerate, but you get the gist.

    Without going into any identifying details if you could give some broader information that might help people to give better advice. 
    Contrary to the previous poster, I've never had a job that doesn't give a full reference, so again that depends on the employer and what sector you are in. Ask your previous employer what your reference will say, and what they will say about the misconduct if asked a direct question. Or get someone to write to them requesting a reference and see what comes back. That's the only way you're going to find out for sure. 
    Agency work can be a good way of putting several employers between you and a poor reference. 

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • 74jax
    74jax Posts: 7,930 Forumite
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    My previous position at a FTSE100 company simply stated name, position on leaving, start and end dates.
    It was simply pulled off a data system and gave no further info. 
    Do you know how in detail your previous company went?
    During the hearings, on dismissal, was anything mentioned on references, maybe in the final paperwork if you reread?
    Was it for something that may crop up in future jobs? Or are you looking at an entirely different field. 
    Could you volunteer? I've been volunteering for almost 9 months. So would have them as my last reference if needed.
    Maybe do agency work, so the agency provides your last reference? 
    Forty and fabulous, well that's what my cards say....
  • What is in the reference will depend on the company you worked for. Reference should be factual and correct. If you were dismissed for GM, that is factually correct, so can be included in a reference. Did you try appealing the decision or sought some legal advice?

    References are certainly looked at and a GM dismissal may well be questioned. Also, most job offers are conditional upon receiving satisfactory references. You will need to be prepared to do a lot of explaining or take a job where references from prior employment don't matter. 

    If you have not worked there long, you can leave the job out of your CV entirely, but then you'd need to explain any gap in your CV.
  • A lot of smaller companies don't bother taking up references, maybe concentrate your efforts on these type of companies.
  • bartelbe
    bartelbe Posts: 555 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    A lot of smaller companies don't bother taking up references, maybe concentrate your efforts on these type of companies.

    The issue here is not declaring something, assuming that potential employers wont check and them finding out later.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It does depend a lot. 

    the things which may make a difference to how much impact is has are:

    How long  you were there - if you were there a short time, then you may be able to leave it off your CV, or simply say it wasn't a good fit if asked (don't lie, but you don't have to volunteer everything) 

    whether you can use references from earlier jobs (easier if you were only there for a short time, offering references from a job you left 10 years ago is going to raise questions, whereas offering them from a job you left 18 months ago is much less likely to be a major red flag.)

    Larger organizations are more likely to have detailed application forms and specific questions about why you let a previous job.

    What the gross misconduct was and how relevant it would be to the new job - things like dishonesty, racist or other discriminatory behaviour, or aggressive behaviour are likely to be a problem for most employees, whereas something such as breaking confidentiality may be much less of an issue of any new job doesn't have strict confidentiality requirements, for example 

    Depending on what the misconduct was, you may decide that it is appropriate to raise it yourself, perhaps at interview stage, so that if it does come up at interview (or after you are hired) it's not then a big deal, and you get the opportunity to show that you are honest and to explain (if appropriate) and mitigating circumstances or relevant information. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Marcon
    Marcon Posts: 13,848 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Hi 
    1.How do I get a job after being sacked for Gross miss conduct ?
    2. What will go on a reference ? 
    3. Will any employer look at me again 

    1.Same way as you get any job, but you may have to be willing to take a fairly menial job for a year or two and build up a reference from that for future use.
    2. Depend on the policy of your employer - and also whether any potential new employer rings them up for an informal word, as is quite common.
    3. Depends what you did. What form did the misconduct take?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • V1m_Fuego
    V1m_Fuego Posts: 26 Forumite
    10 Posts First Anniversary
    edited 14 April 2021 at 8:14AM
    Perhaps you can make a GDPR request to remove all your personal data from your previous employer. You have a right to be forgotten (or at least you did when we were part of the EU, it may have changed).

    If they remove your data, they won't have this on record.  They will still have record of you working there, start and leave date, salary, but should not be holding any details.

    https://www.xperthr.co.uk/faq/how-can-employers-balance-employees-right-to-be-forgotten-under-the-uk-gdpr-with-the-need-to-keep-hr-records/162866/
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    V1m_Fuego said:
    Perhaps you can make a GDPR request to remove all your personal data from your previous employer. You have a right to be forgotten (or at least you did when we were part of the EU, it may have changed).

    If they remove your data, they won't have this on record.  They will still have record of you working there, start and leave date, salary, but should not be holding any details.

    https://www.xperthr.co.uk/faq/how-can-employers-balance-employees-right-to-be-forgotten-under-the-uk-gdpr-with-the-need-to-keep-hr-records/162866/
    The right to be forgotten isn't the be all and end all and if they've got a legal reason to keep the data they can do, even with this request. In the case of gross misconduct dismissals they have a legal right to retain that data.

    Even if you could get it deleted it's still a bad idea. You'll either get no reference at all or a reference that states they can't provide more data due to a GDPR request, both of which are as bad (if not worse) than the reference they would provide. If the OP really doesn't want them to know they could refuse to allow them to seek a reference but this'll almost certainly result in the withdrawal of the job offer.

    Ultimately the best course of the OP is to be open and honest and accept they'll have to take a lesser job for a bit to get a good recent reference. If I were an employer the last thing I'd want is to employ someone who's been sacked for gross misconduct and who is also a liar.
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