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Original poster

Please help me ... am I unemployable?

65 replies

ilovemybath · 21/10/2018 16:47

I was fired for misconduct. Unable to prove that I didn't do something, has meant that my 20 year career is over.

Once the investigation started, I had just started making plans for a new career and so I resigned. They accepted my resignation, but then told me the investigation would continue. They also changed my four week notice to eight weeks at this point. It dragged on horribly, until they finally sacked me, the day before my notice period ended.

At this point, I had been training for my new career for five weeks, but felt I had to tell them what happened. They asked me to leave the course, a) because of what I "did" and b) because I hadn't told them previously. I didn't think I needed to, as it was all still ongoing. I told them as soon as I definitely knew what was happening. I apologised for this but they still told me they didn't want me.

I desperately need to work as soon as possible but now I feel like no one will accept me again. I don't know who/where/how to try to find something.

OP posts:
AnchorDownDeepBreath · 21/10/2018 18:41

Okay; so realistically, you need a mortgage holiday. Even if you get a job immediately, you'll probably have 5-6 weeks until you're paid.

After that, do you want to stay in the same field of work; or would you rather look outside it? I'm aware that your experience is all in that field; but preference is important too.

Original poster
ilovemybath · 21/10/2018 18:41

Ginga - from a hr point of view, would you hire me?

OP posts:
Original poster
ilovemybath · 21/10/2018 18:42

It is the area I am best at but I was getting quite good at my new job too. I'm flexible but also very realistic that I have hardly any real life skills!

OP posts:
Littleelffriend · 21/10/2018 18:47

Can you tell us roughly where you are in the country? My work are always looking for temps

Original poster
ilovemybath · 21/10/2018 18:50

Midlands. What is your company?

OP posts:
IAmRubbishAtDIY · 21/10/2018 19:20

What about home care or in a care home? Do you have a dbs?

Original poster
ilovemybath · 21/10/2018 19:24

I have a dbs. I don't think they would touch me with my history.

I'm spending tomorrow cracking out applications to them all though.

OP posts:
LoveTheBear85 · 21/10/2018 19:27

Sorry to hear this. Thought I would just add (also HR professional), give ACAS a call. They are friendly and helpful and can talk you through lodging a claim. This will be free to lodge. It is only if you appoint a solicitor (or seek advice from them) that you would need to pay. I would also submit a Data Subject Access Request to your former employer. They have to disclose everything they have on file for you. I would review what they sent to you (and they must comply with this within 30 days of your request and cannot delete anything because of your request). That will give you an idea of what they hold and whether there was another agenda behind the investigation. Lastly, under the new General Data Protection Regulations, you can apply to be forgotten. I've not seen this done yet, but it is possible. That would limit the chances of a reference being provided to a new employer. Good luck! (Sorry for the wall of text, the app doesn't let me paragraph).

Violetsandpansies · 21/10/2018 19:27

As much as it pains me to say it, I bet some agencies will still give you work.

greendale17 · 21/10/2018 19:28

If your contract states four weeks and they made you do eight they have broken the terms of your employment and this will go in your favour. It will be seen as they wanted to sack you rather than let you resign and by doing that they have broken there own policies.
I would think about lodging a claim for unfair dismissal......

^This. I would definitely be lodging a claim

JennyHolzersGhost · 21/10/2018 19:30

Temp agency ? Build up some references etc that way?

Original poster
ilovemybath · 21/10/2018 19:30

I hope so. I'm trying them all tomorrow.

If I apply to be forgotten, I'll have 20 years unaccounted for though.

OP posts:
Jellyonawonkyplate · 21/10/2018 19:32

Did they prove that you did break confidentiality?

Original poster
ilovemybath · 21/10/2018 19:33

They think they did. I couldn't disprove it. I can't explain, it's too unique.

OP posts:
WhentheRabbitsWentWild · 21/10/2018 19:36

Don't know why you think getting shop work is simple OP . It really isnt. Though I suppose that depends where in the country you are.

Re the Till . I had never used a till until my job before this one but I was trained on it within the first week .

Daisysandjohnsmum · 21/10/2018 19:37

With Christmas coming up some shops may look for Christmas staff? Extra cash and hours...

Ivgotasecretcanyoukeepit · 21/10/2018 19:41

I hope you’re ok OP.

If you have 20 years of tenure I would be seeking legal advice and seeing if you can take your employer to a tribunal. Most employers unless you have committed a crime ie fraud that would bring the business into disrepute would accept a resignation and would not proceed with their investigation/disciplinary process.

Littleelffriend · 21/10/2018 19:42

I’m in north east Scotland in the oil industry. Good luck

Original poster
ilovemybath · 21/10/2018 19:45

I wasn't meaning to offend re shop work. I was pointing out I've never done those types of things.

OP posts:
TheMarbleFaun · 21/10/2018 20:10

Agree with others there will be a lot of Christmas temp work available in retail this time of year but the hours are going to be shite....
At least you would get some till training/ retail experience and somewhere else to put on your cv and for references

AnchorDownDeepBreath · 21/10/2018 20:14

Lastly, under the new General Data Protection Regulations, you can apply to be forgotten. I've not seen this done yet, but it is possible.

It couldn't be used like this. The data controller (the company in this case) could keep any data required for other purposes; which her employment would be. Your right to be forgotten is only really useful in limited cases.

I am by no means a GDPR expert; but I do use it professionally and am trained in law; and I'm pretty sure that's correct.

Daisysandjohnsmum · 21/10/2018 20:15

Better idea. I would contact local stand alone care homes. You are likely to meet them owner or at least the manager direct and may be able to plead your case. They will also need staff over the holiday period.

Angrybird345 · 21/10/2018 20:22

You need to get advice. You gave 4 weeks notice, you should have left then. Why on earth did you stay and let them sack you? Please get proper advice about unfair dismissal.

Original poster
ilovemybath · 21/10/2018 20:34

I didn't "stay". I was suspended. So I wasn't in work at any point. I then had a letter to say I had been dismissed.

I gave my notice and then they told me it was wrong and eventually agreed a date that they said was my last day.

I couldn't even argue this when going for a new job, as they would write it on my reference.

OP posts:
LoveTheBear85 · 21/10/2018 20:44

@Anchor surely it can be used to forget non-statutory things (excluding payroll records, occupational health etc)? I am not arguing, but genuinely interested. As I mentioned, I haven't seen it done, but thought it could in theory.

OP, do you have anyone that you could ask for a reference in the company, that wasn't connected?

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