Sacked Gross Misconduct

[_hennessey]

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Edited October 29, 2009 by _hennessey

[Button1]

Has anyone who has been sacked for Gross Misconduct had problems finding new employment? Were you honest on the application form?

 

Are you employed now? How long did it take you to find employment? Sorry for the questions.

 

My brother-in-law was dismissed for standing up to the bully supervisor in March this year. The assistant manager used to pick on people he did not like and favoured those he did. My b-i-law stood up for one of the ones that was being constantly being picked on (17yr old). Then the bully turned on him and made his life hell.

 

B-i-law was supervisor. Had trouble finding employment.

 

Hi there.

 

Is your brother in law finding it difficult gaining employment because of the reference he will receive from his previous employer? When you say 'were you honest in your application forum' do you mean the reason for leaving or are you referring to CRB/Disclosure checks?

[Button1]

Sorry, meant to say, if it is because he is not getting a satisfactory reference from his ex employer, then maybe a way round it would be to take a short-term, less paid job......basically just anything he can get his hands on to then be able to put that down as a present/previous employer and therefore cut out the one he was dismissed from.

 

I know jobs aren't easy to come by, but it's just a option that he could consider.

[_hennessey]

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Edited October 29, 2009 by _hennessey

[Button1]

Dismissed is not a good word to use, but then again, being dishonest is not great neither. Bit of a catch 22 situation.

 

One way I can compare is people with criminal convictions come across the same type of problems but are still successfull in gaining employment - here is a link to a site - www.unlock.org.uk

 

Unlock is a charity which helps ex offenders. I know your brother in law is not in the same situation, but he will be coming across the same kind of discrimination i.e. gaps in CV's, whether he should be honest in an application form, honest at an interview etc.

 

Go onto Unlock and read through some of the posts....hopefully it will provide you with some help in deciding how best to approach his dillema.

 

Good luck!

[_hennessey]

I agree about the catch 22 situation. Thanks button, i will read the posts now.

[Button1]

No probs!

 

Let me know how you if it was of any help to you!

 

ps....if anything, this forum will hopefully provide you with the hope that gaining employment is definately possible. Some of the people on Unlock have mountains to climb before they can secure employment, but they do!

 

Your brother in law just needs to get rid of his last employer as a reference - what about voluntary work or a short term college course whereby he could put his lecturer/tutor as a reference? The more he can put his previous employer in the past, the better!

Edited September 29, 2009 by Button1

[_hennessey]

The p.t course is a good idea but costly and so is the v.work. He is on jobs seekers, would the p.t course effect this?

 

I don't mean to put a downer on everything but would they not need at least 5 years checkable work history?

[_hennessey]

I will read more posts on UNLOCK tomorrow to see if i can find something that will help.

 

Thank you again.

[Button1]

The p.t course is a good idea but costly and so is the v.work. He is on jobs seekers, would the p.t course effect this?

 

I don't mean to put a downer on everything but would they not need at least 5 years checkable work history?

 

Yes, I think you would need to put down your employment history, but I believe most employers only request 2 references, one from your last employer, and another from another reputable person ie professional person who knows you and can provide a good character reference for you. Its sometimes a good idea to take a character reference along to an interview with you to present to the company.

 

Could your brother in law get help from Job Seekers with regards to training or courses etc? He just needs to get another employer as his most recent and not go into too much detail about the job he lost.

[Button1]

I will read more posts on UNLOCK tomorrow to see if i can find something that will help.

 

Thank you again.

 

Join the forum and post - you will get some good advice from people who have experienced similar hurdles.

[_hennessey]

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Edited October 29, 2009 by _hennessey

[greendollar]

I was sacked for gross misconduct from my job on the railway over a year ago and,although I do some part-time work,still cannot find full-time employment in a similar position.If I do manage to get a reply for a vacancy then one of the first questions asked is why you left your last job,you can't lie so your automatically at a disavantage.I am still waiting for a tribunal(been told that it will most probably be in December)and unless I am successful there cannot see myself working in a safety critical job ever again.25 years work experience down the drain just because I dared to question a manager on the job for 6 months.

[kissit2005]

hiya,

i was sacked in early august09 for gross misconduct.i have been lucky in a way that i had a evening job at the time with the local NHS.at the moment i am getting overtime in the day but my contracted hours are in the evening.

i did fill out a application form and put down dismissed and the lady rung me up and said what i did etc and two weeks later offered me a interview but that job didnt have enough hours etc.

me personally i am going to put down dismissed and if i get a interview and if there ask why i got dismissed then i will tell them.be honest thats what i say because if you dont and get the job and they find out then that is gross misconduct aswell.

cheers stevo.

[_hennessey]

I was sacked for gross misconduct from my job on the railway over a year ago and,although I do some part-time work,still cannot find full-time employment in a similar position.If I do manage to get a reply for a vacancy then one of the first questions asked is why you left your last job,you can't lie so your automatically at a disavantage.I am still waiting for a tribunal(been told that it will most probably be in December)and unless I am successful there cannot see myself working in a safety critical job ever again.25 years work experience down the drain just because I dared to question a manager on the job for 6 months.

So you were dismissed in the same way as b-i Law. And 25 years of experience. Sorry to hear that the manager took all that away from you. I hope the tribunal goes in your favour.

 

It makes it tens times worse to find employment when they say it's gross misconduct. These 'managers don't realise or care how they ruin people's lives. Especially for the ones that have done nothing wrong compared to the ones that do (theft, drugs etc).

[_hennessey]

hiya,

i was sacked in early august09 for gross misconduct.i have been lucky in a way that i had a evening job at the time with the local NHS.at the moment i am getting overtime in the day but my contracted hours are in the evening.

i did fill out a application form and put down dismissed and the lady rung me up and said what i did etc and two weeks later offered me a interview but that job didnt have enough hours etc.

me personally i am going to put down dismissed and if i get a interview and if there ask why i got dismissed then i will tell them.be honest thats what i say because if you dont and get the job and they find out then that is gross misconduct aswell.

cheers stevo.

Wow she offered you an interview even after? That hasn't happened once for b-i-Law. Could be because you already work p.t.

 

I see what you mean about being upfront or you could lose the job later. But dismissed for gross misconduct doesn't get b-i-Law through the door.

[kissit2005]

it could be because i have a part time job but also another reason was that my friend who works there told them the truth and the lady listened.blimey i was in the food trade for 22 years and yes i have been employed by the NHS for the 3 and a bit years.

Gross misconduct covers a wide range of stuff nowadays,everybody is getting sacked for it.

stevo.

[_hennessey]

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Edited October 29, 2009 by _hennessey

[solidstate]

Hiya,

I was sacked in early Sept 09. As I worked (nearly 2yrs) within a nursing home.

 

I have gone through the disciplinary hearing and was sacked the same day....later in the day, over the telephone. As they could not come to a decision.

 

I am now at the APPEALs stage.

 

My concern is that the overall outcome my CRB check will be effected by it. I have never in my life, been through such a demeaning and miserable and stressful time.

 

Is there anyway of 'appealing' against the decision that goes on a CRB check.

 

I was falsely accused of swearing at a client in a room with another worker (who put the complaint in!) The event is complete fabrication on her part. Remove the 'story' she has made up and there is nothing to go on. But work have classed it as 'emotional abuse' which then is interpretated as 'at risk of harm' and anyone sacked by these means is to be reported to the secretary of state. An official government body.

 

Losing my job is hard enough but to punish me for something I haven't done and a further 10yrs of my life is over the top!

 

 

I am sick to the pit of my stomach with it all. I am under the doctor for tablets to keep me 'calm' as suffering with anxiety from it all.

 

Any help/feedback is most welcome.

[greendollar]

Ask your employers for a copy of their disciplinary procedures.I know that there are certain rules that have to be followed.

Were you suspended while the allegations were investigated?

Were you notified of the allegations and given time to seek advice?

You have three months from the date you were dismissed to put in a claim to the Employment Tribunal but you may have to wait months(over a year in my case)for it to be heard.

Best bet is your appeal hearing,make sure you go in well prepared.Good luck.

Edited October 5, 2009 by greendollar

[solidstate]

thanks for reply Green Dollar. Yes followed everything by the book....but my appeal is just round the corner so to speak. If this fails is getting a solicitor who will take it on. Even beforehand, trying to find one was a nightmare as 'unemployed' can't get legal aid for area of Employment problems. So catch 22!

 

would like to know the 'time limit' if any that it takes from reporting someone to the info. being on CRB check. Like is it done within a week a month or takes ages for it to happen? That is other worry! (Could be at a press of a button and procedure over!)

[dx_]

Hi im hennessey's b.in law. Only two people are in employment after being sacked for gross misconduct and only because they were already working in those jobs? I wish i had done that or had just left when i was suspended. At least i would not have had this dark cloud following me.

 

This is upsetting. Are there no success stories from people who were sacked and now have found employment again?

 

Don't want to be claiming jsa. Want to be working.

 

James

Try changing your career path by doing a course.

[solidstate]

I lost my appeal today 9 Oct 2009. Feel drained by whole process.

[SteveMetal]

could somebody please help,my wife was dismissed from b and q on the 7th august the reason given was gross misconduct, in that i have reasonable grounds to believe that you did a serious breach of the companies operating and security procedures whereby on the 23/07/09 you failed to challenge a customer leaving the store without making payment for his goods.

 

she was on the self service tills at the time , and did not notice he had not paid for 1 item until he left the store,she did contact the security guard. what my problem is her handbook says in all cases shoplifting you should contact a member of management immediatly, to deal with the matter. We do not expect you, at anytime, to expose yourself to any unreasonable risk to personl safety.

 

She has recentley found new employment, and i am a little concerened as to what her reference from b and q will say, when she had her appeal she asked the H R Manager about the references and she said that they will say she was dismissed I rang head office and asked them and they told ME it would say dissmissed but wouldnt say why.she had her interveiw on the 29/9/09, got job offer on 7/10/09, her new employer has asked for a personal reference which she has got, but im not sure if she has the one from b and q , my wife rang b and q yesterday and they said that they have not received anything, im worried please help. She is currently waiting fror acas to contact her regarding her unfair dissmisssal

Edited October 13, 2009 by SteveMetal

[greendollar]

I doubt very much that her new employer will contact B&Q for a reference,was she asked at her interview why she had left B&Q and if so what did she say?

Remember you have 3 months from the date of her dismissal to apply to the Employment Tribunal for unfair dismissal.