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.

@RidetheT I get the panic and please ring Citizens Advice and ACAS if not in a union. Good luck to you x

It really shouldn't be, but as they're desperate and have a high staff turnover they'll take anyone on! Wrongly or rightly, it's something the OP can do while she's looking for something more appealing.

You are confusing Polkey and contributory fault - they’re two separate legal concepts.

An ET would not decide the dismissal would have been fair if it was “with notice”, unless there were prior warnings - and they’d be in dangerous territory of substituting their own view if they did. The whole point is that if it isn’t GM/GN, the whole dismissal would be unfair and outside the range of reasonable responses. And even if it WAS potential GM, OPs contrition, admitting to the error, length of service and (presumably) unblemished prior record could be enough to tip dismissal outside the range of reasonable responses.

I am also not sure how you can suggest to OP that £5k is a good outcome, without even knowing what her salary is, let alone the merits of the case?

Incidentally, even the most simple of unfair dismissal claims would cost in the region of £20k plus VAT for me to either pursue or defend, and they often are closer to £50k for complex or multi day cases.

To OP - you need actual legal advice - not misinformed opinions from internet strangers!

They don't just take anyone on - and care work isn't for everyone.

She has a de facto case to appeal internally which is her first point of call. Obviously no one here knows anything more than what the OP has said but if it is as she has presented then she absolutely should be able to argue against the judgement against her.

tribunals etc is way down the line.

3 months minus one day from dismissal in most cases

As a care home manager I had a very strict recruitment process and would never employ anyone who was not suitable, even if we really needed staff. Vulnerable, frail elderly people are not in care homes to provide an easy solution to people finding themselves unemployed. The role of a care assistant is highly skilled and requires a lot of training to gain the right qualifications and experience.

5k is completely derisory in my view

OP, if you’ve been with the company for 10years, this feels like a severe response to a one-off error.

A old family friend was very senior at one of the Big 4 accountancy firms and he once mentioned he’d made a £40k error for a client, which got written off. He was probably reprimanded, but he wasn’t fired.

Please don’t be too hard on yourself, you are not the first and won’t be the last person to make an honest error.

That’s doesn’t sound like gross negligence to me, it’s a mistake, mistakes happen, that’s why employers have insurance. I’d speak to ACAS, or at the least contact the employer directly and ask if you can resign and have a reference that says you resigned, they may prefer that because it would mean you’re less likely to bring a claim against them for unfair dismissal if you can easily get another job.

I have no advice for you with regards to a appeal
But just wanted to send you a virtual hug. You sound like a wonderful person with great morals. We ALL make mistakes and if I was dismissed on the first mistake I’d made, I think I’d have lost all jobs to date.
Please give yourself some grace and stop beating yourself down. What’s done is done, no amount of stressing will undo it. Focus on what you do have control over now.
Personally I’m not sure I’d bring this up to potential employers but that does NOT mean you are not trust worthy. You worked in a job for 10 years and made one mistake, who hasn’t…?
Quite rightly you are stressed and overwhelmed as there is so much to consider so tackle it in bite size chunks. You’ll be surprised how easily you may find something new, just believe in yourself 💐

Another HR professional here. From what you've said, it doesn't sound like gross misconduct to me either. Glad that you have appealed. The main points have been covered though please ignore the people who clearly are only here to argue.

As a couple of others have said, check your home insurance to see if it covers you for legal and if that covers employment disputes. If not, I still think speaking to an employment lawyer is worth it. You know the people at your company well, so can be a better judge, but as you work for a small company, it could be that the partners will bandy together and an internal appeal won't change anything. However, you have to go through this step now before you can consider any further action. Threat of tribunal or knowing you have an employment lawyer on side may be more likely to get you the response that you need.

A no win, no fee lawyer will take a cut of any pay out and will cost more than one you pay regardless. However, speaking to a no win, no fee one can give a good indication of the strength of your case as they only take on ones they think they can win.

PP are right that tribunal pay outs are usually small and not the year's salary that others have talked of. They will assess what you would have earned had you not been dismissed for a reasonable period for you to find alternative employment. Any benefits and mortgage insurance payouts have to be paid back from any pay out too.

I still think it's worth you taking it on as most references do ask about disciplinary and the gross misconduct outcome could be so harmful to your future career, so getting that removed is the major outcome needed, along with a good reference. See any pay out as a bonus.

Good luck and be strong.

You are only human op. Whatever happened - no on died. Some people lost money which is of course crap…. But please do not beat yourself up. Wallow and then draw a line under it. Think of all of the wonderful things you have done and achieved in your life… this is just a tiny blip next to it. Xx

You’re only human. We all make mistakes. You sound like you’re over worked and overwhelmed. I’ve made mistakes before and they’ve kept me awake. Do t let that one error define how you see yourself and don’t let it knock your confidence. Everything will be ok. Are you sure they’re not using you as a scapegoat to save paying you? X

Yes where I work that would be nothing. It's not even covering a reasonable notice period for most professionals which it sounds like OP is.

This was a genuine mistake not misconduct. A one-off instance should not result in dismissal. The IFA & firm should have checking mechanisms and possibly insurance. You are being made a scapegoat after 10 years presumably mistake-free work. Are you in a trade union?
Go to a tribunal- most likely they will settle out of court. Good luck.

Good luck OP, you are right to fight this, if the mistake is that critical that it has caused financial hardship, and has the potential to result in a gross negligence dismissal if wrong then it should never be down to one person alone without further checks. It sounds like your company has thrown you under the bus to appease the client.

You don't really have anything to lose fighting your case, but in the meantime, just update you CV and get anything you can get to tread water.

Sorry you're going through this - I truly believe that things will be okay.
Definitely get in touch with ACAS as soon as you can, and speak to an employment lawyer. Many offer a free initial consultation and can help you understand your rights and options going forward.

You will work again...this isn’t the end! (even if it feels like it right now) And please don’t panic about your credibility. People come back from far worse situations - this doesn't define you.

If you do a taqua course, you can be an assessor in FE.. pay not amazing but you see learners 1 by 1 ..

I’ve worked in financial advisors and application paperwork was always checked by another. They can’t ignore the chance for human error and they had no failsafes in place to prevent it. If you worked in a support role the financial advisor should be checking the paperwork before it goes out. Do you have a chance to appeal? I’d get some professional advise. Don’t let this ruin your confidence, remember you have done this role for 10 years no problem

You should get legal advice. If there was no process in place I struggle to see how that is gm.

I was wondering about checking procedures. If something is SO important it could majorly duck things up for a client, shouldn't there be some sort of checking system in place?

Is it something to do with protection products and you have keyed the wrong health details to the wrong client? A copy application must be provided to the client from the provider and the onus is on the client to check the information and inform them of any changes required. I would be amazed if they have a leg to stand on sacking you without any second level of checking. Hope you can get it overturned as the punishment definitely doesn't fit the crime!

I want to give you hope.

i have been through this with a partner and a close friend. Both were fired for gross misconduct. Both in a regulated profession. Both secured new roles 4/5 month later in same profession.

My advise is don’t hide it. Speak with regret and confidence that you have learnt through this mistake. Do not pass any blame and do not lie. Hold your hand up and say I made a mistake. Humans make mistakes. It happens. Get that CV brushed up and apply apply apply. Utilise your contacts.

You could also contact the Financial Services Lawyers Association (FSLA), which provides pro bono legal advice to individuals facing disciplinary action from the FCA - obviously that isn't you, but they might be able to point you to a lawyer with the right industry knowledge to advise you.