Thread: Gross Misconduct

After over 20 years with my employer I have imploded and facing a Gross Misconduct hearing. I have admitted my guilt and already had the preliminary investigatory meeting where I have co-operated fully and apologised for my actions which all that know me say is out of character. I have let myself be a victim of today's Corporate society with all the increased demands and office politics.

The sad thing is that I had not obtained professional help when I was suffering from chronic stress as I viewed it as a weakness. Infact I just worked harder taken on more responsibility when staff numbers were significantly cut. I am receiving psycotherapy now having been to a psychiatrist to get my head sorted. Both my parents demise through cancer in recent years did not help the situation as much time was spent caring for them. I also became detached from my wife and children as I was feeling lonely and isolated inside. I visited the GP with various stress symptoms in recent years but still did not admit to struggling to cope.

My question is getting work after dismissal. I have lots of skills etc, but the reference from my current employers will be negative. Before this incident I was held in high regard with an unblemished record.

Perhaps I should look at going self-employed. I'm not sure there is really any point in applying elsewhere, that said I would not want to work for a big entity ever again. I'm off the treadmill now although chose the wrong exit strategy.

Similar Threads:

• Threat of Gross Misconduct dismissal for using internet. Where do I stand?
• Alleged gross misconduct thoughts please.
• Dismissed for Gross Misconduct
• Gross misconduct hearing
• 'Gross Misconduct'

You may still get to keep your current position, dont give up hope. Do you have an unblemished record with them?

I have recently taken someone to Disciplinary on a Gross misc, they got away with a final written warning. They had done the same as yourself, admitted faults and apologised.

You seem to have given in to dismissal and although you havent mentioned what they are taking you for this is only a last option for an employer should there be no option to retrain, reduce responsibility or have reason to suspect you would continue to be a risk to the business.


The other option is to check whether they have done everything by the book, and dont forget you have the right to appeal. Have they given you a date yet for the hearing?

An employer is not allowed to give a negative referance, although there are ways of wording things in a referance so it is not positive. Good luck with the hearing.

Just be honest with them and explain your circumstances, your long service should go good for you and if they are a good employer you may not be dismissed as all circumstances should be concidered.

Get proper representation for the hearing.
Make sure you know all the procedures beforehand. Is there anyone in the business that can back your side up?

Had you been off work sick as a result of stress at any time?
Had you mentioned to line management that things were difficult to cope with? Were others off with stress? What is their policy in this area? What support do they give?

Ell-enn is an expert in this field and you should try and make contact with her, although she is very busy.

Regards, Kenny

If you can get a letter from your doctor to confirm that you are now receiving medical help with your problem, it could be the deciding factor which tips the scales in your direction.

Good luck.

Regards, Rooster.

The offences constitute summary dismissal, I have been incredibly stupid, although all my work colleagues are supportive and see this as totally out of character.

The job is lost. My pension has been saved and I hope by fully co-operating matters will not go externally as I could have been prosecuted. Stress will be considered but will not stop dismissal

I wouldn't want the job back, it has caused ill health [8 colleagues have been off on long term sick in recent years]. Our staff numbers have been reduced from 140 to 30 and the work is very demanding and we have been severely under resourced. I just wish I had now only worked my hours and said stuff them. Being overwhelmed has contributed to my own personal failings. I have to be a man, take my punishment and look forward. I haven't murdered anyone or robbed a petrol station but what I have done is still a serious offence.

The future and getting work is all that matters to me. I do have lots of qualities.

I may have to be upfront with prospective employers or start on my own.

I was under the impression that a reference would say left employment due to gross misconduct. If I say I was under unreasonable stress to prospective employers that may be seen as a weakness however true it is.

Hi there, I'm sorry to hear you find yourself in this position after so many loyal years with your employer, it must be very distressing for you. However, you must try to remain positive, it will help you greatly at the hearing if you can keep reminding yourself of what a good employee you have been - and can be again.

While I understand that you believe your conduct warrants summary dismissal - management always have the option to use their discretion and each case should be judged on it's own merits - I myself have used discretion when considering an employee's conduct for dismissal and reduced the action to final written warning so it's not always cut and dried.

As Kenny says, make sure you have representation at the hearing - someone you can trust and who the management view as credible. Make a list of positive things about your time with the company, how you gained respect over the years and how hard you have worked for them - refer to them at the hearing and offer your continued loyalty in mitigation.

As also said previously - if you can get confirmation from your doctor that you have been suffering stress but are now receiving treatment, this will help. At the end of the day, your employers should have recognised that a problem was brewing and taken steps to ensure it did not develop into the situation you now find yourself in.

Please do try to stay positive, even although you say you no longer wish to work for the company, if you can save your job for as long as it takes you to find another it will help your confidence.

Please keep us updated as to what is happening, and don't hesitate to ask for any further help or support.

Kind Regards

Ell-enn

Thanks very much for the advice

I had Union representation at the investigatory hearing this week. The Union Official knew me personally and we worked together for several years. He spoke highly of me and will represent me at the disciplinary hearing when this happens.

GP and medical reports in hand, but this will only help me should they decide to take matters further than dismissal [Union says this is unlikely as I understand various discussions have taken place and they may not want the publicity assuming I rectify the offence]. I already prepared and read out a letter outlining my situation [including events in my life] and requesting I be dealt with sensitively. I am looking to mitigate the punishment.

The Union Official says I will be dismissed, but as I have already stipulated my pension is protected. I will bounce back.

There were issues of bullying by senior management but really my personal failings were keeping my feelings hidden [as confirmed by my psychiatrist] and not seeking professional help

My main concern is going forward and finding employment [once my head is sorted]. Can any one provide any advice on references. Is it a case of just being honest with prospective employers. Do I have a chance realistically. Seems harsh to be judged by a couple of mistakes in 24 years of nerly unblemished service.

This is a very painful lesson here for anyone working under stress - get help before it gets out of control and the condition turns chronic. Subconsciously, I directed my frustration and anger at my employers [bad move].

I am a good person, who was a workaholic. In hindsight when the going got tough I should have found an employer who would have appreciated me. I worked out that I did £20K of unpaid overtime in the last 3 years alone to get by [what a fool].

I need to get a life again and start enjoying it.

My wife said I have been detached for some time and yes it can feel lonely out there when you just bottle everything up.

If you’re so sure you will be dismissed, then why not try and get an option to hand your notice instead. They might agree to this because of your long service etc.

I also think you need to change your union rep; he should not have such a negative attitude as to say you will be dismissed. There are always options and he should have been more positive.