Been sacked for gross misconduct

[RidetheT]

I have been sacked. I made a mistake in work that could have had wide reaching implications for a client.

I hate myself. The mistake was through sheer stupidity and carelessness and rushing to get work done by a deadline.

I can’t sleep. I can’t eat. I keep crying. I’m terrified for the future. How am I going to ever work again? Who would trust me? I don’t trust me.

We have about a months savings and then we are going to struggle to pay the bills/ mortgage so my kids are going to lose their home on top of everything.

I just don’t know what to do. My DH keeps telling me he has faith in me and he knows I’ll make it all ok. I don’t know how.

You don't do it alone, seek support and get help. Its very important as it may affect your future employment and earnings

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https://www.acas.org.uk/#:~:text=Acas%20gives%20employees%20and%20employers,Campaign%2C%2017%20April%202025

Free impartial legal advice

@Kerrymeister I think you are on the wrong thread!

@RidetheT even more reason that you should appeal this. Regulated firms are required to have processes and procedures in place, especially to mitigate risks. As this is something that could easily happen as 'human error' I wonder what they have in their risk assessment to cover this? Are there proper procedures, for one there should be a 4 eyes check on anything that has significant client impact.

Even the FCA understand that humans make mistake, hence why they are so heavy on Risk Management and that firms do risk assessments to ensure they mitigate risks appropriately.

Do you think all the IFA's you work with have never made an accidental error? I think you are being made a scapegoat for the error and them not having correct procedures in place

This isn’t gross misconduct - I am a HR investigator. It’s a genuine error for which immediate dismissal is unlikely to be a proportionate response. Get legal advice asap.

I had a friend who was a civil structural engineer. She also had another degree …she was incredibly intelligent.

After she graduated her first grad boss gave her a gift. It was a book on the biggest engineering f-ups in modern history. There were so many f-ups there was an entire book.

Think bridges that fail to work as bridges and buildings that fall over. It wasn’t a warning of what could happen - it was to tell her that even if she made a mistake (which she would) it would never ever be as epic as the mistakes of the many engineers that came before her.

I’ve made mistakes at work before. One time the director just looked at me and said “nobody died…” I’ve learned to pretend to care more than I actually do and it has served me well. You are caring too much about this.

I’ve picked up other peoples mistakes - some that cost hundreds of thousands of dollars. In one case a huge entity in my country rectified their multiple mistakes and filed for bankruptcy the next day. They obviously had a lot of other things going on.

You need to understand no one died. Your actions have not brought down a company.

After ten years service you would expect a decent settlement. I got a compromise agreement settlement of around 3.5k around 15 years ago because my employer was looking to make me redundant and hadn't followed due process. They had employed two people after me. They then took elements of my role off me - completely de skilled me hoping I would leave - I then asked if they would consider a compromise agreement and they said yes. I had been with them 6 years. I get that it's good to have some money in the bank but there's loss of future earnings to consider as well. Either that or it's tribunal and the OPs employer could be faced with paying out a lot more

Without knowing what mistake you made and in what context, it's difficult to advise if there are any opportunities for mitigation.

You should be entitled to payments from the DWP whilst you look for work. You will likely need your P45 from your employer.

Exactly

but the lack of detail doesn’t stop posters commenting that the business has definitely got it all wrong and that she must pursue justice

when regulated companies don’t generally take such action without making same sure the law is on their side

Hey, I just wanted to say I feel for you OP. I have just experienced something somewhat similar, it is a horrible feeling. You have had lots of good advice about practical steps, I would definitely check all procedures have been followed, as you have been there more than 2 years unfair dismissal applies (didn't in my case but luckily they were fair).

In terms of the emotional side, please be kind to yourself. Things that might help...

• Taking some time to do things that nourish your soul, like reading, cooking lovely food, going for walks, taking a bath, draw or do some colouring in or puzzles, without my phone. This has helped me get out of my head. Seems glib to say but it does work
• Look into Counselling - you may not have funds now but you might be able to access free sessions or advice via local authority, charities, or your husbands work EAP. Maybe something your husband can help with if it feels overwhelming
• Trying to separate your personal identity from work. For me it has always been a huge thing so I'm stepping back from that to view it as 'just a job' and not who I am as a person. Similar to you I was the main earner so there is a lot of thoughts around letting my husband down which I am similarly trying to breath through and let go. Just noticing those thoughts and recognising they aren't facts will help
• Reaching out to get advice and free training. My local authority does free 'skills bootcamps' which I'm going to do and there are other free courses online I'm doing. Again, maybe a practical thing your husband can support with
• Work on the shame. You made a mistake at work, it happens. It is nothing to be ashamed of. Thoughts about what people (colleagues, clients etc...) think pop into my head but I can't control it and it doesn't matter to me or my life. Take a deep breath and hold your head up high
• Practice what you are going to say about it in interviews and to other people out loud. Like you I only told my husband the details but spoke to my employment solicitor about what I could say and the best way to answer why I left. There is lots of useful stuff online about this but you actually need to feel comfortable saying it so practice, practice, practice. You can't lie but you don't need to tell the whole truth either. You can ask your previous employer what reference they will give (mine was set out in the Settlement Agreement, it was just dates and role which is common anyway so I don't think will raise eyebrows with future employers)
• I have found meditations helpful, Insight Timer is free and has some great options but I know it's not for everyone

If they didn't follow proper procedure the OP has a case no matter what she did.

Oh but they do.

The op has provided very little information about the timeline, back drop and process followed.

Yes I know. They have said that they believe that proper procedure was not followed.

Well yes, but the person sacked is hardly the most objective on that fact

Well I was sacked from a job a long time ago and my employer definitely didn't follow any kind of proper procedure never mind one that aligned with ACAS recommendations. Sometimes people don't know their rights as I'm sure you know.

How long ago?

and what was the outcome? If procedure wasn’t followed, presumably you were able to demonstrate that?

I used to be the Underwriting/Claims manager for an insurance company.

I completely understand the importance of submitting correct health information.

Like PP, I have serious questions about this process though:

1. Why were YOU filling in the health information? At best, it should have been the IFA while sat in front of the client, but ideally the client themselves.

2. The information should have been checked and signed by the client - that's required for a contract to exist.

3. Although you work in a regulated industry, branch admin is not a regulated role, unlike an IFA. There should have been checks in place - they have failed.

The point is OP that anyone can make a mistake. As PP have said, if the potential fallout is so severe - as it was in this case - there should have been safeguards in place. Yes, you made a mistake but if you've been there 10 years with no prior incidents, sacking you is grossly unfair - and I suspect intended to disguise the fact that they're at fault, not you, for failing to have a proper framework in place.

Please, please don't be cowed and don't feel ashamed. We have ALL made mistake at one point or another, but not all of us work for slack employers who don't have proper compliance in place.

You might be able to get a free consultation with an employment solicitor as an alternative to ACAS? I would be pushing for a settlement agreement that includes both a payout and guarantees a good reference because it sounds as though they have been asking you to perform a role which breaches good practice for many years. Regardless of whether you made a mistake or not, this does NOT reflect well on them.

About twenty years - the outcome isn't something I want to talk about online for a few reasons if that's OK.

Are you not intrigued why they don’t seem to have had Professional negligence insurance?

Employment law has come along a lot in two decades

as has businesses awareness of it

If that's the case then why do so many people end up at employment tribunal?

Hi OP, I work in HR and this sounds like a clerical error to me and not gross misconduct. Their response doesn't seem proportionate and I'd be reasonably confident they haven't followed a strict process (the fact that you aren't sure whether you still have time to appeal when this should have been stated on the letter you received from them is one indication.)

I would speak to ACAS tomorrow and get their advice. Ask them about early conciliation with the view to taking them to tribunal. This doesn't mean you actually have to go to tribunal..... early conciliation is the first step and is like mediation where ACAS will speak with both you and the employer. I'd do this with the view of agreeing a settlement with them and a mutually agreed reference that just details the dates you were employed by them and your job title.

Trust me, as someone that has dealt with ACAS from the HR side before they are your best call tomorrow. Companies do not want to spend time, money and hours of work preparing for tribunal and arguing back and forth with former employees. Even when we have been extremely confident that we've followed due process and would win at a tribunal we have still paid out to ex employees rather than spend two years preparing for tribunal. Businesses want to move on. In your ex employer's case, I wouldn't be so confident if I were them that their actions and decisions would stand up under scrutiny so it may well be in your best interest financially to fight this.

Now, obviously we don't have all the facts and perhaps your former employer is completely in the right but the best thing to do is still to contact ACAS, let them speak with you and get the facts and take it from there.

I think the OP made a reference to the fact that they have insurance but "it still has an impact" which I took to mean an increase in premiums for making a claim?