Life after dismissal for gross misconduct?

[choppychopster]

Following the thread that I had deleted last week about being suspended after I stupidly posted on Facebook that my boss was being a bitch when I couldn't get to work because of the snow, I've had my disciplinary hearing and dismissed for gross misconduct.

I've got the right to appeal, but don't think that there's any point as although the punishment is probably too heavy handed given that this was a one off, the circumstances under which the comment was made and my previous good record at work, it does specifically list "making offensive comments about a colleague on social networking sites" as gross misconduct within the company's web use and harassment policies.

I had deliberately ignored friend requests from anyone at work, but found out that my privacy settings weren't as I thought I had set them. Turns out that it was another member of my team who I don't have a particularly good working relationship with (I sat opposite with him and sometimes found it hard to diguise my irritation with his constant chatting and incompentence at his job)who found the comment and decided to show it to our boss.

So, now I need to start applying for jobs, but not sure how to handle questions about why I left my last company. I can't imagine that "dismissed for gross misconduct" is going to be particularly attractive to potential employers if it comes through on a reference. Am I right in thinking that it's best to hold my hands up and say that I did something stupid, that I've learnt from the experience and emphasise the postive qualities that I can bring to a future employer?

Thanks again to Flowerybeanbag, Ribenaberry and others who gave good advice on the other thread.

I saw your other thread. Don't have any specific advice but I am so so sorry

Thanks SPB. I'm still feeling sick about it. Have spent the morning writing my CV, but my heart's not really in it at the moment.

bump as I seem to have killed this thread

I too read your other thread and I cant believe that You have had to be dimissed for that!

I regularly go through application forms when people apply for posts, so for what its worth, here's what I think ..... I would say not to lie, but if you are not specifically asked why you left the other job, then dont be specific about the reason. To be honest the words "Dismissed for gross mis-conduct", without a full explanation are not going to do you any favours. If you were asked in an interview, on the other hand, I think it would be appropriate to give a quick explanation of facts and a "I've learnt a valuable lesson".
You could always leave the "Why did you leave?" question blank so that if you are asked to interview, then you can explain.

I wish you all the best for the future and I hope you get a far better job with nicer people than the ones who have just done that to you!

Hopefully someone more helpful will come along if I have said wrong!

I think you should appeal as it was such a ridiculous reason to sack you I think the fact that you slated your boss on FB might be seen as an act of frustration and temper at your harsh treatment

If you are a union member then I would urge you to contact them first for advice.

If not then ACAS.

I am sorry this has happened, you must be gutted. If you have never been in any trouble before in work then it seems extremely harsh.

have you altered your settings now? a future employer may well look you up on fb to see what kind of person you are..so maybe don't put comments on about being sacked etc.

I find this really harsh. So sorry. I think I'd want to appeal.

whatever happened to freedom of speech and being entitled to an opinion?!!!! I thought the UK was well known for this the world over.

So you write something about somebody, they dont see it, but somebody else does, and you get sacked?

What a load of crap.

I would try to be vague at this stage on any forms or your CV. When you get to interview you can be a bit more specific.

Really feel for you, its pants.

Yes, have checked (and double checked!) my settings and have certainly not put anything on facebook about the situation. I'm honestly not the type of person who goes ranting about work (or ranting full stop really) on Facebook - most of it is the usual benal rubbish about whether to get a takeaway for tea or that DD is covered in glitter. I made a stupid comment because I was frustrated with the situation, not because I hated my boss (although I do now).

Have checked the ACAS website. They followed the procedures to the letter and unfortunately chose to apply the discipinary policy to the letter too.

Sorry to hear the news.

IMO, if I were interviewing you for a job I would expect to hear the truth, but I would be very concerned if you simply said 'gross misconduct' since that can apply to some really unacceptable things, including theft.

So please explain that you made an unfortunate remark about a colleague on a social networking site. Explain that you know it was daft. Seriously, one relatively minor mistake like yours can easily be discussed at interview. Just say you made a stupid mistake and that for what it's worth you believed the settings made the comment private. You took the dismissal on the chin, etc.

Good luck.

Sorry, no advice, but just wanted to say what a rubbish situation. It was a stupid mistake. I hope you manage to find an employer who can look past it. I'm surprised that they were so harsh when this whole social networking Web2.0 stuff is still relatively new. It's a shame they didn't allow you a chance to make amends with your boss.

Good luck, and good for you for taking it on the chin.

It sounds like they are making an example of you.

Try to move on now, do a new CV and start looking for a new job. As others have said save the full explanation for interview and be as candid as possible.

I wish you well.

freedom of speech is all very well but there are laws about slander and defamation of character. hence why it's gross misconduct.

this is not as uncommon as people might hope.

I know someone who has been disciplined for gross misconduct for putting remarks about their employer on fb, also people who have been disciplined for playing games on fb while supposedly off sick.

Employers are coming down hard on this sort of thing, and while it does seem a harsh punishment there is a lesson to be learned - that the internet is a public place and to never underestimate who is reading what you've written, even if you don't have certain people on your friend list.

Op - tbh I think it depends on what it states in any reference as to what you tell any future employer. Afaik references are pretty much just confirmation of employment dates these days, so unless the employer seeks a verbal reference it may not even come up.

I think you have to be honest, but tbh I think you also have to be prepared for the fact that some employers will choose not to employ you on that basis. What is an innocent, off-the-cuff facebook remark to an individual may seem something more to an employer who will be relying on the integrity of employees..

I'd agree with others who've said you don't write 'dismissed for gross misconduct' on application forms. Can you put it another more general way e.g. 'Contract was ended'?

You do have to tell the truth if you are asked (just in case they happen to be best mates with your ex boss and check out your story) but you don't have to say if not asked. (So don't write any reasons for leaving on your CV).

On a similar point have you thought about who you could use as a reference? You don't have to give your most recent employer as your reference (and lots of people have very genuine reasons why they can't). So don't mention it if not asked and don't use that boss as a reference and you may be able to avoid the issue altogether. (If you are specifically asked to give most recent employer as a reference you need to think up a reason to explain why you can't).

Good luck!

Thanks everyone.

I think it's probably wise not to mention it when I apply, but if reason for leaving comes up at interview to be honest and say that I was dismissed, give a brief explanation of the facts and that whilst the punishment was harsh given the circumstances and my previous good record, I accept that I was in the wrong and understand that the company is enforcing their policies to the letter.

I believe that the company will provide a purely factual reference (pretty much just dates worked and position held) as they do in all cases but that it will say that I was dismissed. I will get in touch with them and ask if they can provide me with a copy of my reference, so that I can understand exactly how it is presented.

Need to check if I'm entitled to job seekers allowance and see if nursery will cut down DD's hours. DH is being suportive at the moment, although I feel awful that I've done something so stupid that could potentially put us into financial trouble.

Going to hit the job boards now and keep my fingers crossed that there are a few employers who won't see me as totally untouchable.

Appeal. You could get them to overturn the decision to just a written warning. Particularly if you make it clear you will then be resigning.

As you have a previously unblemished record this decision is very heavy-handed and it would be interesting to see what a Tribunal would make of it.

But they won't make much of it if you don't appeal.

www.out-law.com have a couple of cases exactly like this. have a hunt around for them. the two i came across had the descisions overturned.

Ta thesecondcoming. As I've got a bit of time on my hands now, I might well see you around.

He's being lovely, but I know he's pissed off that I did something so stupid and even more pissed off that they've been so unreasonable about it. He keeps joking that he's going to smash up the car of the creep who trawled through my facebook pages until he found something derogatory about our boss, but have told him that getting arrested really won't be helpful at the moment.

Saw SIL last night and still no sign of the baby. She's feeling really fed up now.

I am sorry to hear this. We all do stupid things at some point in our lives and most of the time, people get away with them and learn without losing their job. I wish you well with your job search.

Thanks moocowme and manicmummy. I'm still thinking about it, but I'm feeling a bit more like appealing would be a good idea.