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.

Forgot to add I have employed, and promoted, people who have made mistakes, been fired, with criminal records etc . Im really only interested in whether you can do the job, keen to learn, come across as positive etc.

I interview people all the time, I don't think I've ever asked why someone left there job. I did have one person voluntarily tell me why. They really shouldn't have.

Please contact ACAS - it really looks as if this is not gross misconduct.

And are they not insured for stuff like this? Op I don’t think it’s unreasonable for you to dwell a little and be miserable, it’s just the change curve but this does not define you as a person , really time to work on your self worth so you don’t drown under the thoughts you are having.

its times like these when you look at some more notorious senior figures in our society and marvel at what they get away with , Paula the post office women sprung to mind. However also good to be a bit more like them in terms of just not letting it define you.

OP we all make mistakes especially when under pressure. I've just revived a written warning for making a mistake at work and it's knocked me for six. Someone will employ you. Everyone makes mistakes and as long as it didn't involve lying or stealing you will work again. You may want to check what references will say.

I agree with PPs who say to take legal advice and a lot of lawyers will give a free consultation.

You can also get advice from acas but it was very basic in my experience.

I know you feel bad and are likely embarrassed but it sounds like you have been treated poorly. I am sure you want to crawl under a rock but you need to get it together - you should challenge the dismissal on the grounds that it's not gross misconduct. I suspect they will back down very quickly and either re-instate you or give you a settlement to leave quietly.

Are you sure its gross misconduct? That sounds like a simple clerical error - there was no intent and it sounds like an error anyone in a rush could make.

• Mistakes vs. Gross Misconduct:
• While a serious mistake can lead to a fair dismissal, it's usually not considered gross misconduct unless there's evidence of deliberate wrongdoing or gross negligence. Gross negligence involves a high degree of carelessness or a reckless disregard for the consequences of one's actions.

I agree that I don't think this is gross misconduct. I don't know how a properly followed disciplinary process could have resulted in immediate termination on these grounds.

You didn’t do it deliberate or for personal gain but by human error.

Arguably the company had some responsibility to mitigate against this kind of mistake - potentially it can fall into a systems error if there were no failsafes, which the company can learn from.

Regardless of the consequences of the error (even if the whole company had folded as a result), on the face of it cannot see it as ‘gross misconduct’ unless you were eg drunk work, or there are other factors you haven’t shared here.

Agree with PP who said you need proper legal advice though and go from there regarding future employment also.

Yeah I’m sorry but if such a simply mistake has such far reaching implications then there absolutely should have been a double checking process.

I have spent a career making payments to suppliers. I load- someone else checks. I have about a 99.9% perfect loading rate but on occasion (perhaps just silly error or tiredness) I have made an error that gets picked up. I am shocked that an error in their processes could have resulted in such a huge consequence for you

OP honestly I think if the facts are as you have described you need to appeal

@RidetheT it really is worth investigating and fighting - employers don't tell you this but people fight being fired or being let go All The Time and most often the employee is in the right.

Not for the moment. Speak to ACAS and an employment lawyer and see where you get to.

I am surprised there is no peer review in place or forms sent to the client to confirm the info was correct before submitting. Also.does the firm not have any leverage with the insurer? I worked with a large broker and know of instances where the insurer honoured the cover as due to human error and the broker paid fhe uplift in cover cost.

I agree with the other posts, the error doesn’t solely lie with you, the company should have had checks in place to avoid this.

Hi
First I want to say how sorry I am that you find yourself in this position.
Second, please, please do seek advice from ACAS and do this sooner rather than later.
I am not legally qualified in any way but I have some idea about employment matters due to my Union involvement. This could be a case of Unfair Dismissal.
You say your role is a support role - therefore you should not be in the ultimate position of a ch high financial responsibility. Please read your Contract of Employment and the Job Description for evidence of what your role actually is. If work that you were doing posed such serious financial implications if mistakes were made then, in my opinion, this is NOT within the remit of a “Support Role” Also please get copy of your Company’s Disciplinary Policy - you should read this carefully and see if they have followed Policy. If Policy was NOT followed then you may have a claim against them for unfair dismissal. ACAs will advise you on this and how to proceed if you have a claim.
Please also go to your GP and tell them them how this has impacted your mental health. If you do have a Claim for unfair dismissal this will go a long way to support your claim for compensation.
BUT first tell yourself you were a perfect employee for 10 years. I trust your yearly appraisals will support this. This was a Human error and one that could have been made by anyone. You have had a good record for all those years and your employer should have taken this into account.
NEXT - contact ACAS - do that now.
In my experience ACAS are extremely helpful and their role is Employment Law and to ensure that employers act within the Law. I strongly suspect you were unlawfully treated.
Wishing you every success in whatever you choose do about this matter and in your future career.

OP, please stop being nihilistic about this and allow yourself to be buoyed by the righteous indignation spilling out on this thread. And then, DO something. You remind me of some friends and family I have who will allow themselves to be treated badly because fighting back would really push them out of their usual mode of being and they just find it so hard. Finding it really hard is ok, but don't tell yourself that black is white (i.e
you deserve this) so you don't have to do the difficult thing. Hold yourself to account.

I'm not saying I think you're autistic, but the being harsh on yourself in a way that doesn't take into account the fact others make mistakes, plus the suggestion that you need to volunteer information about your mistake to future employers, is something that autistic people are likely to do. It will not serve your or your family to do either.

Lawyer up, in no way was this gross misconduct - you have a strong case x

This is terrible, you need to fight it. They should have given you the chance to leave amicably at a minimum with a reference if they had no checking procedures in place. They have screwed you over big time.

@RidetheT have they been looking to reduce the workforce - this would be a way to avoid redundancy payment after 10 years. Do appeal. It sounds wrong to me.

Ah OP you sound lovely. I have no advice although it also doesn’t sound like gross misconduct to me. I’m sure you’ll get through this and I hope you stop beating yourself up about it.

@TimingOff I think I have high anxiety and high expectations of myself. I feel like I’ve failed and like I need to be punished somehow to make it “right”. I appreciate that is a not a healthy outlook.

I expected everyone on here to tell me how awful I am and that what I’d done was unforgivable. I’m honestly surprised by the supportive response.

I think I will find it hard to fight back. I’m used to quietly getting on with things in the background and adapting to whatever life throws at me. This just felt like too much for me to cope with. Thank you for all of your advice and support

I think you have been treated harshly OP, but a word of warning. If you decide to take action against your employer, this can put employers off more than you making a mistake.
If you want to work in your industry again, taking an employer to tribunal can go against you. Word will get around and employers won't want to employ you. Its unfair but it will make you appear a trouble maker.

Its unfair and unjust but many employers don't want to employ someone who has taken action against their employer. So just be aware.

It’s up to your firm to have reasonable maker-checker processes in place, and professional liability insurances. I assume you acted in good faith, admitted errors as soon as you realised/they were identified etc.

Documentation is your friend. Do not sign anything, and make sure meetings are minuted or provide your own brief factual written account after eg
On Monday, I met with Pete and Sue to discuss my termination. The reason they cited for this termination was gross negligence. This pertained to an unintentional mistake I made in completing two forms. I accepted that human error had played a role and I apologised for this. I had made no effort or attempt to conceal this mistake. I had had no record of poor conduct previously in my x years working at ABC co. I was told that termination was effective immediately without notice or payment in lieu of notice. I was not invited to bring an advocate or chaperone into this meeting.

Remember HR work for the company, not the people in it. Do not confide or seek advice from HR. They will answer factual questions or give copies of due policies or employment records but they will also disclose any tactics or whatever to the firms management.

It sounds like you need to find some temporary / part time work to tide you over. I believe that your existing employer can only be asked to verify your employment dates start and end, unless you are in an Fca licensed position when they will be asked questions around fitness and propriety. You need to dispute gross negligence. This is not that - it is a one off error.

I’m not a lawyer but I think your original, firm might have to continue to pay you in instances where grounds for termination is disputed? Can you claim any benefits? Have any unemployment insurance?