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Life after dismissal for gross misconduct?

74 replies

choppychopster · 23/03/2010 14:27

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.

OP posts:
thesecondcoming · 25/03/2010 19:36

This reply has been deleted

Message withdrawn at poster's request.

expatinscotland · 25/03/2010 20:00

i've never been a boss, thesecondcoming, so i'm assuming that post wasn't directed at me?

snazzyapple · 25/03/2010 20:06

I've worked in HR with a company that has a very strict IT policy - and I would not appeal I would move on. It is unlikely that they would fire you for gross misconduct unless they really could.

I would be upfront and honest at interview - I have hired people who have been honest about their gross misconduct before.

However, I think you may need someone who really knows you to get yourself a break - as an employer with no real knowledge of how well you work is likely to employer someone who has not been dismissed over you.

What a sad situation for you - all the very best in finding employment.

thesecondcoming · 25/03/2010 20:06

This reply has been deleted

Message withdrawn at poster's request.

LadyBiscuit · 25/03/2010 20:08

I can understand if the post said (assuming I were the OP's boss) 'Lady Biscuit is a complete bitch because she wouldn't let me work from home during the snow' and the OP was in the network of their company/town ie very recognisable. But if they were not facebook friends with anyone except for this malicious person and the post said 'my boss is a complete bitch because she wouldn't let me work from home during the snow' and the OP wasn't very recognisable then they are two totally different things I think.

I am not a lawyer incidentally (in case you hadn't guessed ) but I think a lot depends on how identifiable your employer and line manager were. Most of my friends on facebook either have no idea where I work or they can't remember what it's called

snazzyapple · 25/03/2010 20:09

sorry - an employer is likely to employ someone who has not been dismissed for gross misconduct, over you.

Also can you get someone to be a personal reference for you - this may help too.

expatinscotland · 25/03/2010 20:12

how long had you been there? perhaps, if you can find some other references, you could just sweep this one under the carpet.

RumourOfAHurricane · 25/03/2010 20:41

This reply has been deleted

Message withdrawn

TheDailyWail · 29/03/2010 23:11

Hi Choppy - just wanted to say how much I admire you for not wallowing in self pity. It's awful when your company have been heavy handed on something so minor.

Good luck with your new job search.

JustAnotherManicMummy · 01/04/2010 16:13

Any news?

tembo · 18/07/2010 00:53

Im in a similar position, i am 37 weeks pregnant and have been called into a disciplinary reguarding comments i have made on facebook page regarding payroll.

Im not sure exactly what they have seen i have vented in anger because my pay has been inaccurate for five months my letters have been ignored and my phone calls have been hung up on.
My page was private but i had four people from work on there whom i thought were friends, they have been having same trouble and also vented but im the only one been pulled up
I have to attend a disciplinary a wek and a half before my child is due, cant sleep and im crying my eyes out.
I feel i have been treat appauling throughout pregnancy and my concernes were noty addressed , then i make a silly slip up and they are on me like a ton of briks. Cant deal with the stress.. know it will lead to dismissal and wonder if i should hand my notice in?? (((

tembo · 18/07/2010 00:59

forgot to add i did not mention names of employer in rant.. just addressed rants as payroll department

Snowybird · 19/07/2010 13:19

Sorry to sound brutal, but:
Don't waste time appealing, just beg your ex-employer on bended knee to let you resign rather than be sacked.
Once you have been sacked you could spend years looking for a new employer. Almost no one would even give you an interview.
However, if the dismissal does stand, your best bet is to network furiously with everyone you know and their contacts in turn, rather than applying to companies who have never heard your name.
They do say that networking is much the best route into a worthwhile new position anyhow, and this is an opportunity to become a really good networker!

Good luck1

saintlydamemrsturnip · 19/07/2010 16:11

Were your comments accurate tembo? I have complained on fb because the university forgot to pay my stipend three times and lost an expenses claim another time and frankly that is crap. We rely on
my money. I was careful to ensure my comments were accurate though.

It will be much harder to sack you because if your pregnancy. If you have a union approach them but if they have been messing up your pay you are entitled to be angry about it. I would focus on that.

saintlydamemrsturnip · 19/07/2010 16:15

Oh tembo also check out your company's bullying policy. You're heavily pregnant and they want you to attend a tribunal (can they do that during maternity leave?) and they are bullying you because you complained - without mentioning their name - about not being correctly paid.

I would be fairly robust tbh. Would be worth visiting your GP about the stress they are subjecting you to whilst pregnant as well. And worth telling to company maybe.

Welshexpat · 19/07/2010 16:28

tembo

See a lawyer immediately, this is unbelievable behaviour.

saintlydamemrsturnip · 19/07/2010 17:54

Agree with welshexpat actually. Union first (they'll have lawyers) or if you have no union an employment lawyer.

saintlydamemrsturnip · 19/07/2010 17:57

And tbh your company must be stupid - if other people made the same comments and you're the only one being disciplined when you are 9 months pregnant. Hmmmm sounds like a sex discrimination claim to me. An employment lawyer (or union) would be rubbing their hands together in glee.

tembo · 19/07/2010 18:21

Thankyou for your comments. Im not in a union. And meeting has been but back three weeks due to line managers holiday leave. Which is when im due so not poss to attend. I intend to see a lawyer, i feel this is just another kick ( sending me letter and letting me stew for three weeks without giving me details). My comments re pay were accurate and im pretty sure i am been singled out as i have persude the matter as i really need my money.

saintlydamemrsturnip · 19/07/2010 18:32

If you are being singled out it sounds like bullying. Good luck - they sound as if they are behaving appallingly.

Kbegum · 08/03/2018 23:46

Hi everybody
I am in a very difficult situation.if anyone could help me I would be really great full.
I lost my job yesterday.after working 10 years as a teaching assistant
The reason for losing my job is just under a year ago I had a injury at work which has left me not being able to work.
The reason for my dismissal is because of my bad health an poor attendance.
What I need advise on is, is this an unfair dismissal
I have gone privately to see Docters so I can get better an return to work.i have no choice I have to work.
I was not expecting a dismissal at all
I went to my meeting with a fit for work certificate but they wasn’t interested
I feel like they made up the desition
They didn’t care y I had to take the time off
I

itstimeforanamechange · 09/03/2018 08:51

Hi Kbegum can you start your own thread please?

Kbegum · 09/03/2018 10:26

Sorry new to here
Didn’t realize I did that
My apologises

lollipopjones · 09/03/2018 17:14

I know this is an 8 year old zombie thread. But @choppychopster if you’re about. How did it all work out in the end?

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