Finding work after Gross misscunduct

Undervalued

Gavin83 said:

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.

You can't actually do that in any meaningful way.

Providing the potential employer doesn't pretend they have the applicant's permission (when that is not true) they can approach who they like. Whether the person should respond is another matter but as we all know many "informal" references are taken over the phone or in the pub. In a way it is no different from a journalist making enquiries for a possible story, often the phone gets slammed down but it is amazing what can be ferreted out!

moneysavinghero

bartelbe said:

moneysavinghero said:

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.

If they are not going to check at the start of the employment very unlikely they will bother checking later on.

Gavin83

Undervalued said:

Gavin83 said:

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.

You can't actually do that in any meaningful way.

Providing the potential employer doesn't pretend they have the applicant's permission (when that is not true) they can approach who they like. Whether the person should respond is another matter but as we all know many "informal" references are taken over the phone or in the pub. In a way it is no different from a journalist making enquiries for a possible story, often the phone gets slammed down but it is amazing what can be ferreted out!

I did mean formally. As you say there's really nothing you can do about informal discussions! I work in a relatively small industry and when someone applies from a different company we generally know someone who works there. Informal discussions are common and people have lost very good job offers because of it!

I think the general feedback from this is don't be a difficult person to work with and that includes the way you treat the staff lower than you in the hierarchy. You never know when it'll come back to bite you.

[Deleted User]

moneysavinghero said:

bartelbe said:

moneysavinghero said:

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.

If they are not going to check at the start of the employment very unlikely they will bother checking later on.

I kind of wish this were true...

Of course, you can be checked out later. I actually know of one home care provider who I worked for many years ago, who obtained a reference for me prior to interview and then referred it in said interview back in 2012, but, in recent times, got a rap on the knuckles by CQC (seen on public report) over hiring and then compliance checking of staff. I imagine they are back to being thorough again.

I myself, worked for a company who fell under FCA regs, ...apparently didn't run any reference checks (although I appreciate you can really never trust it!  personally if a company member has a Linkedin page, then easy to make contact, what is to stop them) they didn't run checks on their staff, because, the customers were not checked either..... I always envisaged that when the regs changed for customer leasing, then they would probably stand over me saying we now need to do a check on you too!! I could see it coming.

I recently completed the one and only application form I want to do, the company stated clearly on the form, they reserved the right to contact any Employer entered on such form, regardless of what was wrote on the reference part of the form.

I had a moment last week about a verbal conversation that an Employer wanted to have, but actually went on to realise, I wasn't going to stop it. The very best I could hope for was I had an Ex Employer who would refuse to engage. I went to the interview to find out what I was dealing with.....