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Original poster

dismissed for gross misconduct

23 replies

Pumie · 27/09/2018 17:39

hiya looking for advice I was dismissed in 18th September 2018 for gross misconduct as I did not declare a previous employer in my work history from 2 and a half years ago. I was with that employer for 10 weeks and was dismissed because I spoke up against bad working practice with vulnerable adults. I was offered 2 jobs after that but because of bad references they were not willing to give me the jib even though I explained what had happened. a my references and work has been highlighted several times during my time with this employer and I passed my probation in June 2017.

OP posts:
sarcasticllama · 27/09/2018 17:42

How did this most recent employer find out about the previous employer?

greyspottedgoose · 27/09/2018 17:46

Some people get through tens of jobs before they find the right one, it can't possibly be the law to write every one down on an application 😏 that's ridiculous

LIZS · 27/09/2018 17:47

You lied by omission on your application form/cv? Did they ask for more recent references than you gave? When did you start working for this employer? Unfortunately failing to declare employment may call your integrity into question. I suspect in the care sector there is such movement between employers and agencies that it is not long before someone pops up who may recognise you.

TrippingTheVelvet · 27/09/2018 17:48

Oh dear. You've got yourself in a proper mess there. It's harsh but usually applications ask you to declare it's entirely honest and if that's the case, you misrepresented yourself so they're entirely within their rights to dismiss you summarily with no pay or notice. It's a lesson learned for next time.

Maybe TittyGoLightly or PurpleDaisies will know of a way around it though. They're more knowledgeable than myself.

porky100 · 27/09/2018 17:50

Is it the fact you didn't declare you were dismissed that's the issue, rather than who you were employed by?

Original poster
Pumie · 27/09/2018 20:56

that I didn't declare on my work history but did tell them st my interview. I was unsuccessful and they approached me a few weeks later to ask if I still wanted the job

OP posts:
Original poster
Pumie · 27/09/2018 20:58

sorry new to Twitter so haven't got the hang of it yet !!

OP posts:
MrsPinkCock · 27/09/2018 22:55

Very unlikely to genuinely constitute GM unless you were specifically asked and lied about it.

I don’t include all of my work history on my CV, nor do most people.

If they’ve dismissed you, you need to fight for notice pay.

daisychain01 · 28/09/2018 04:57

I was dismissed in 18th September 2018 for gross misconduct as I did not declare a previous employer in my work history from 2 and a half years ago. I was with that employer for 10 weeks and was dismissed because I spoke up against bad working practice with vulnerable adults

So your latest update is that you had applied for this latest role, weren't successful, but then some time later the employer got back to you and offered you the job, which you took up, but now they've dismissed you because of a previous dismissal that you hadn't declared?

The fact is they can part company with you at any time up to 2 years, provided not due to any discriminatory reasons, without any need to do it for gross misconduct. They can just say sorry it isn't working out, we will pay you your notice period (normally approx 1 week, if in probationary period).

Did they just announce that they were dismissing you, with no prior warning? I would try to engage with them and give them an explanation as to what happened in that previous role. You now have 2 dismissals on your CV -do what you can to see if they would consider discussing the matter with a view to giving you a chance to prove yourself.

flumpybear · 28/09/2018 05:29

Phone and employment lawyer - that sounds very unfair - what difference does it make to your job!
I've had so many temp or short term contracts I couldn't possibly fit them on my cv!

swingofthings · 28/09/2018 08:34

There is probably more to it all. What did you tell thrm at interview? When you say you were dismissed from that job because you highlighted bad practice, what happened. Did they just sack you one day as you had been employed with them under 2 years or was their some investigation? How did you raise your concerns and why were they ignored? Did you take this further with cqc, the ombudsmen et...

If the new company knew about it from interview why did they dismiss you? Was it the same manager who dismissed you then the manager at your interview?

It sounds like they had concerns and contacted your old employer. Saying that they are dismissing you for lack of disclosure might just be an excuse.

Lucy001 · 28/09/2018 13:00

If this continues to be a job working with vulnerable people, then you are required by law to disclose all previous employment. It seems difficult to believe that you lied by omission on your application, but told them you had done that at interview. And then they somehow found out something you say you told them? I'm sorry but this doesn't feel like the whole story.

TittyGolightly · 28/09/2018 22:53

Oh dear. You've got yourself in a proper mess there. It's harsh but usually applications ask you to declare it's entirely honest and if that's the case, you misrepresented yourself so they're entirely within their rights to dismiss you summarily with no pay or notice. It's a lesson learned for next time.

Maybe TittyGoLightly or PurpleDaisies will know of a way around it though. They're more knowledgeable than myself.

Nope. You pretty much covered it off perfectly.

Polarbearflavour · 29/09/2018 17:51

A CV isn’t a legal document, you don’t have to put down all your jobs. I certainly don’t! Confused

TittyGolightly · 29/09/2018 18:36

It’s not. But some industries do advanced background checks (particularly financial services) and if you don’t declare a job/accurate reason for leaving this could be deemed gross misconduct.

Notacluewhatthisis · 30/09/2018 08:19

It is simply that you didn't give full details on your CV? Or is there something about this particular job, that you haven't declared.

I work for HR in one of the big supermarkets. There was a long list of people, including competitors that they asked me to confirmed I hadn't worked for.

Lucy001 · 30/09/2018 18:33

A CV isn’t a legal document, you don’t have to put down all your jobs. I certainly don’t! confused

Where did it say that this was a CV? Working with vulnerable people, if that is what this was, tends to be by application form, not CV. And it is normal practice to have to provide full employment histories. And yes, in such employment you are required to provide that information. Or were you thinking that any old made up CV would be ok for posts involving working with vulnerable people?

In the end, however, if the OP failed to put down this job when required to, whatever their current role, then that is deemed a lie and can result in dismissal. In this case it has. I suspect the person has less than two years employment anyway, so not a lot they can do about it. But if they are working with vulnerable people then they should know that toy don't ever lie to employers.

flowery · 30/09/2018 18:52

”A CV isn’t a legal document, you don’t have to put down all your jobs. I certainly don’t!”

There are plenty of jobs where it is absolutely an essential requirement to put all jobs down and account fully for any gaps.

daisychain01 · 30/09/2018 21:51

What isn't clear from pumie 's post is how the new employer responded / reacted during the Interview when it was explained that they were dismissed for highlighting wrong-doing.

It's understandable pumie wouldn't include the circumstances surrounding the dismissal on their CV - people don't tend to include Reason for leaving as it begets all manner of speculation, before even meeting the candidate. It isn't unreasonable to hold off for face to face disclosure at interview. Provided they were candid and clear about the situation it would give the interviewer every opportunity to ask more questions, and investigate further.

Bluntness100 · 30/09/2018 21:59

Op, is there more to this? It's unusual to fire someone for something like this. How did they find out? Could they have spoken to your previous employer and got a different story on why you were fired?

Or potentially do you think they were just looking for a reason? How long have you been there and how were you perceived?

Lougle · 30/09/2018 22:09

In care/social care/education work you are always asked to give a complete working history for the last X years accounting for any gaps in employment. That means that you have to declare all and any jobs, whether they are temporary, permanent, full-time or part-time, etc.

It's a safeguarding precaution.

Polarbearflavour · 01/10/2018 08:49

Interesting. The NHS asks for gaps of over 3 months to be covered and wants 3 years of references. I’ve worked in banking and also have security clearance and have never listed temp jobs or jobs that I’ve left after a month.

sunsunsunsunsun · 03/10/2018 22:06

This reply has been deleted

Message withdrawn at poster's request.

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