Application form asking "Have you ever been subject to disciplinary action" - what to write?

SChitmehard

Hi,

I was employed in the council for 10 years then applied for a job that sounded great in the private sector. My manager ambushed me with a dismissal letter 4 months into my employment after I raised some safety concerns about the workload and the few lies they told me about what my job would be and they just asked me to leave the same day and terminated my contract.

The dismissal letter states 2 (made up) reasons (a) conduct and (b) capability. These were totally bogus and I was never given any evidence against me or a venue to refute them. There was no investigation/hearing etc that should have taken place according to the disciplinary policy before my dismissal.

I appealed the dismissal and my appeal was heard by the employer but I never got the results of the appeal as during this process I took employer to an employment tribunal and then we settled out of court with them paying me a settlement and a reference.

I have now applied for some jobs and one of the applications forms asks "Have you ever been subject to disciplinary action?" What should I write for this???

Yes (is dismissal a form of disciplinary action as I was dismissed), or,
No (as my dismissal I feel was bogus and I never got the results of the appeal + I got a settlement) 

Any ideas/advice would be appreciated from forum members or people that have been in a similar position.

Thanks

Background if you want a longer read to the issue 
https://forums.moneysavingexpert.com/discussion/6331528/what-to-do-about-references-and-reason-for-leaving-after-ambushed-with-dismissal/p1

elsien

Whether you feel it was bogus or not, there was enough of a disciplinary process that you were able to put an appeal in. 

So the accurate answer to the question is yes.

Marcon

SChitmehard said:

Hi,

I was employed in the council for 10 years then applied for a job that sounded great in the private sector. My manager ambushed me with a dismissal letter 4 months into my employment after I raised some safety concerns about the workload and the few lies they told me about what my job would be and they just asked me to leave the same day and terminated my contract.

The dismissal letter states 2 (made up) reasons (a) conduct and (b) capability. These were totally bogus and I was never given any evidence against me or a venue to refute them. There was no investigation/hearing etc that should have taken place according to the disciplinary policy before my dismissal.

I appealed the dismissal and my appeal was heard by the employer but I never got the results of the appeal as during this process I took employer to an employment tribunal and then we settled out of court with them paying me a settlement and a reference.

I have now applied for some jobs and one of the applications forms asks "Have you ever been subject to disciplinary action?" What should I write for this???

Yes (is dismissal a form of disciplinary action as I was dismissed), or,
No (as my dismissal I feel was bogus and I never got the results of the appeal + I got a settlement) 

Any ideas/advice would be appreciated from forum members or people that have been in a similar position.

Thanks

Background if you want a longer read to the issue 
https://forums.moneysavingexpert.com/discussion/6331528/what-to-do-about-references-and-reason-for-leaving-after-ambushed-with-dismissal/p1

The truth: yes.

NCC1701-A

Only possible answer is "Yes", anything else would be dishonest.

If your prospective employer is still interested they will listen to your saga and draw their own conclusion as to your employment suitability.

Undervalued

SChitmehard said:

Hi,

I was employed in the council for 10 years then applied for a job that sounded great in the private sector. My manager ambushed me with a dismissal letter 4 months into my employment after I raised some safety concerns about the workload and the few lies they told me about what my job would be and they just asked me to leave the same day and terminated my contract.

The dismissal letter states 2 (made up) reasons (a) conduct and (b) capability. These were totally bogus and I was never given any evidence against me or a venue to refute them. There was no investigation/hearing etc that should have taken place according to the disciplinary policy before my dismissal.

I appealed the dismissal and my appeal was heard by the employer but I never got the results of the appeal as during this process I took employer to an employment tribunal and then we settled out of court with them paying me a settlement and a reference.

I have now applied for some jobs and one of the applications forms asks "Have you ever been subject to disciplinary action?" What should I write for this???

Yes (is dismissal a form of disciplinary action as I was dismissed), or,
No (as my dismissal I feel was bogus and I never got the results of the appeal + I got a settlement) 

Any ideas/advice would be appreciated from forum members or people that have been in a similar position.

Thanks

Background if you want a longer read to the issue 
https://forums.moneysavingexpert.com/discussion/6331528/what-to-do-about-references-and-reason-for-leaving-after-ambushed-with-dismissal/p1

As has been pointed out in various threads, the fact that a settlement was agreed does not in any way confirm that you would have won your case. You may or may not have done, we will never know. Civil cases generally and employment tribunals in particular are settled all the time (probably the majority) simply because it is more cost effective to do so. The strength of the case is obviously a factor, although seldom the most important factor, in that decision.

Your prospective employer has asked a direct question. You must give them an honest and unambiguous answer. Anything short of that amounts to fraud.

LightFlare

2 options 

Yes OR No (I guess ongoing would also be an option)

It looks as though Yes is the correct answer on your case

Iamdebtfree

Does your reference mention that you were dismissed?

Better still, if it's only been four months and you were in your previous job for ten years, why put them on your CV at all? 

SChitmehard

Iamdebtfree said:

Does your reference mention that you were dismissed?

Better still, if it's only been four months and you were in your previous job for ten years, why put them on your CV at all? 

No the refence does not mention dismissal.

I work in a field where you can't lie (or I'll be struck off), so basically I have to put this job on my CV and answer truthfully. This question had only a Yes/No tick box on the application form, so I ticked Yes.

If this Q wasn't on there, I could have just finessed the answer with something bland "job wasn't right for me" etc, but now I can't say that and have to explain why I was dismissed. I am sure if I say "I was dismissed because I raised concerns about safety and because I was lied as to the nature of the job". I'm sure the new employer will be thrilled and give me the job. 

 In hindsight I question if  it was really worth whistleblowing/looking out for patients or child safety. I got the out of court settlement from the organisation, but now my work record is blemished! I guess I'll just have to withdraw my appllication or next time stop my application if I see this Q on the form.

I have clear cut evidence of illegality against my manager that I sometimes think to hand over to the regulatory body, but am afraid that they may ask why I waited 3 years and may screw me over in the process! It would be nice if the manager would also have to deal with this issue and state on his application forms that he was investigate by the regulator body or struck off.

SChitmehard

elsien said:

Whether you feel it was bogus or not, there was enough of a disciplinary process that you were able to put an appeal in. 

So the accurate answer to the question is yes.

It's a crock though. So any manager/organisation can now use this threat to silence employees... It's not conducive to patient safety in healthcare/social care field where issues need to be raised.

SChitmehard

NCC1701-A said:

Only possible answer is "Yes", anything else would be dishonest.

If your prospective employer is still interested they will listen to your saga and draw their own conclusion as to your employment suitability.

I sure many wouldn't even bother shortlisting an employee that had been subject to disciplinary action, especially one that revealed that they had taken the employer to tribunal! I'm sure many employers will be risk averse and will do this.

mark_cycling00

When you "settled" was there a written agreement something like you promise not to say anything bad about them and they agree it wasn't a dismissal and leaving by mutual consent or something instead?

That might kinda get you out of it.