Dismissed today from my job

[Housey]

Try not to focus on the gross misconduct as explaining the circumstances if they are as you outline will probably get you a little bit of sympathy. Try and get a 30-second pitch on what happened, nail it up front in an interview get it out the way.

"Allow me to explain my current situation. I had decided to leave my current employer for several reasons, not least the fact my hard work and commitment was not being rewards and that I had struggled to take any holiday or even get it approved for over X months. Because of this, I had embarked on a number of interviews most in my own time, but one company was insistent on a time during my work week. I decided this was a significant opportunity so I took the only false sickness day of my work life, something I now regret. I was asked by a confidant how it went and foolishly I was overheard, it was escalated and now I am here. A lesson learnt but an example of why I feel a new career move was vital as I want to a commit to a company that values its people and offers me an opportunity to build a career." etc.

Put it out there, be clear in your view and move on.

 

[dowie]

However your right, if I am successful I think I’m better taking a payout and having the gross misconduct removed from my record to find somewhere better. As I just have a feeling my cards will be marked at that stage.

This is probably worth pushing for, I wonder if they'd have been receptive to it if you'd offered to go quietly at the time they told you they were going to be sacking you. I mean it is often the sort of thing that companies offer people instead of sacking them - for example we had a guy who got into a drunken fight on a night out funded by the company and assaulted another colleague, he was "sacked" as far as most people in the office were concerned but in reality, on paper at least, he agreed to resign and the company agreed a reference with him in return for him going with no fuss (which was quite impressive as usually the company policy was only to confirm job title and dates of employment).

If you are able to get some leverage over them re: the holidays etc... and get them to not have officially sacked you fro gross misconduct then it is worth trying to get an agreement with them re: the reference they will send to any future employer too.

 

[A2Z]

Why would you even mention anything about the interview with anyone who you work with, let alone AT work?

Why would you actually admit to not being sick? How can they possibly prove you were not sick?

Quite simply unbelievable you did this. Sounds like you wanted to get sacked.

 

[aaron]

Why would you even mention anything about the interview with anyone who you work with, let alone AT work?

Why would you actually admit to not being sick? How can they possibly prove you were not sick?

Quite simply unbelievable you did this. Sounds like you wanted to get sacked.

An admittedly stupid decision and I only told one colleague who I am very good friends with at the end of the day when the majority of the place had went home. Sadly someone overheard.

I admitted it because I was taken into a meeting and outright asked was I I’ll or at an interview. At this point I didn’t know where they had got their information from so while in the headlights I panicked and couldn’t backpedal so decided best course of action would be to be honest. Clearly I now regret that decision.

There is certainly problems with where I worked but I can assure you I did not want to be sacked. I was clearly an idiot and won’t be making the same mistake again but given my record I still don’t think it could be construed as gross misconduct.



Regardless I have spoken to ACAS today who tbf were not much help. They just took me down the options I had if I did feel it was an unfair dismissal such as taking it to appeal and past that tribunal. But we’re not willing to advise on their views given the situation.

A couple of jobs have contacted me and I’m past the first stage with them so hopefully will see some developments sooner rather than later.

Still yet to receive the dismissal letter from work though so if not received by tomorrow I’m thinking of writing my appeal letter up and sending it in tomorrow anyway. What do you lot think ?

 

[Lopéz]

Why would you even mention anything about the interview with anyone who you work with, let alone AT work?

In my experience, it isn't uncommon at all. In fact I'd say it's pretty common everywhere I've worked to discuss things like this, particularly with friends or confidants.

Aaron, I'm really sorry to hear about this mate, and equally sorry that there is nothing I can do to influence the outcome. I hope the situation is resolved in a satisfactory manner for you.

 

[crinkleshoes]

Get it moving ASAP, don't wait.

 

[A2Z]

An admittedly stupid decision and I only told one colleague who I am very good friends with at the end of the day when the majority of the place had went home. Sadly someone overheard.

I admitted it because I was taken into a meeting and outright asked was I I’ll or at an interview. At this point I didn’t know where they had got their information from so while in the headlights I panicked and couldn’t backpedal so decided best course of action would be to be honest. Clearly I now regret that decision.

There is certainly problems with where I worked but I can assure you I did not want to be sacked. I was clearly an idiot and won’t be making the same mistake again but given my record I still don’t think it could be construed as gross misconduct.

Regardless I have spoken to ACAS today who tbf were not much help. They just took me down the options I had if I did feel it was an unfair dismissal such as taking it to appeal and past that tribunal. But we’re not willing to advise on their views given the situation.

A couple of jobs have contacted me and I’m past the first stage with them so hopefully will see some developments sooner rather than later.

Still yet to receive the dismissal letter from work though so if not received by tomorrow I’m thinking of writing my appeal letter up and sending it in tomorrow anyway. What do you lot think ?

Yea you did mess up big time. Guess it's a lesson learnt. I would not bother with an appeal, you basically admitted to defrauding the company. Not sure how you expect that to be anything else but gross misconduct.

Keep looking for a new job.

In my experience, it isn't uncommon at all. In fact I'd say it's pretty common everywhere I've worked to discuss things like this, particularly with friends or confidants.

Aaron, I'm really sorry to hear about this mate, and equally sorry that there is nothing I can do to influence the outcome. I hope the situation is resolved in a satisfactory manner for you.

So in your experience people who pull a sickie when they are not really sick, then go into work and talk to people at work about how they were not actually sick but did xyz? Yea ok sure.

 

[Lopéz]

Did you deliberately ignore the fact that I had quoted a specific part of your post?

"Why would you even mention anything about the interview with anyone who you work with, let alone AT work?"

In my experience, this is very common. Lots of people talk to colleagues about interviews, both external and internal. So stick your rolleyes where the sun doesn't shine.

 

[crinkleshoes]

Also, with how you described their failure to review holiday requests, this could be pushed to read as them failing to meet their basic legal obligations as an employer.

Perhaps also that they were, through inaction or purposefully, denying you reasonable access to your statutory and contractual rest breaks.

I would also check your contract/handbook to see exactly what it says in relation to holiday requests & the approval process.

Then pick apart the disciplinary process they followed & where they made mistakes... it's really important they do it the right way and with how quickly they ran through it, it sounds like the correct process may not have been followed. Usually practice would be to suspend you on pay, while they run through the process and various meetings required to tick all the checkboxes. That alone is enough to win your unfair dismissal case.

Then the two things you'd want would be 1. gross misconduct removed removed from your record, 2. a good reference to your future employer & 3. compensation to cover the time you are without income.

 

[crinkleshoes]

Yea you did mess up big time. Guess it's a lesson learnt. I would not bother with an appeal, you basically admitted to defrauding the company. Not sure how you expect that to be anything else but gross misconduct.

For a 1 time offence with an otherwise clean record for 3 years... plus putting him in the position where he was trapped an unable to use his statutory leave by following the proper process... it is easy to argue that after such a length of that managerial abuse, he was forced into taking such an action & later had no need to hide it.

 

[Gaijin]

A lot of good advice in here but perhaps obviously - in the future, use this as a lesson to be a bit more shrewd in the workplace. Be wary of who you confide in, what audience you have at any given moment, and what you disclose/own up to when pressed. A lot of management/HR rely on you supplying the rope to hang yourself with! Don't treat this as if i'm giving you a finger wagging - we all make mistakes, just make sure you learn from them!

Best of luck moving forward.

 

[aaron]

In my experience, it isn't uncommon at all. In fact I'd say it's pretty common everywhere I've worked to discuss things like this, particularly with friends or confidants.

Aaron, I'm really sorry to hear about this mate, and equally sorry that there is nothing I can do to influence the outcome. I hope the situation is resolved in a satisfactory manner for you.

Thanks Leon, it’s my silly error at the end of the day. Just frustrating the way things went down. I’m sure it’ll be fine though. If anything maybe it’s the push I needed.

Then the two things you'd want would be 1. gross misconduct removed removed from your record, 2. a good reference to your future employer & 3. compensation to cover the time you are without income.

This is all I am after in truth as I can’t foresee going back there. Fingers crossed but I guess we’ll see how the appeal goes.

A lot of good advice in here but perhaps obviously - in the future, use this as a lesson to be a bit more shrewd in the workplace. Be wary of who you confide in, what audience you have at any given moment, and what you disclose/own up to when pressed. A lot of management/HR rely on you supplying the rope to hang yourself with! Don't treat this as if i'm giving you a finger wagging - we all make mistakes, just make sure you learn from them!

Best of luck moving forward.

Not at all Gayjin as your absolutely right. Massive lesson learned that is for sure. Thanks very much

 

[aaron]

Hi guys,

Just to update you I had my appeal today and it seemed to go well. Decision will be made over the weekend and I will find out next week. Union regional officer was pleased with how it went.

Also thankfully I managed to secure a new job and will be starting on Monday. Exactly the same role as the one I originally applied for and was consequently sacked for but with a different company.

I was completely honest with them and they understandably have a few concerns so have put me on a 6 month probation but that’s absolutely fine by me and I am looking forward to starting.

Just thanking my lucky stars at the moment as was really starting to panic.

Also just want to thank all you guys as all your advise has been extremely useful and has kept me somewhat calm and collected.

 

[dowie]

I guess the appeal is a bit irrelevant now either way given you've landed a new job and informed them of the situation too*, good news though and hopefully a bit less stress for you now. I guess slightly frustrating to have to undergo a longer probation period but it will be over soon enough.

(*though perhaps still useful to get the sacking for misconduct removed and agree on a future reference for future jobs after the one you've just landed)

 

[Housey]

Hi guys,

Just to update you I had my appeal today and it seemed to go well. Decision will be made over the weekend and I will find out next week. Union regional officer was pleased with how it went.

Also thankfully I managed to secure a new job and will be starting on Monday. Exactly the same role as the one I originally applied for and was consequently sacked for but with a different company.

I was completely honest with them and they understandably have a few concerns so have put me on a 6 month probation but that’s absolutely fine by me and I am looking forward to starting.

Just thanking my lucky stars at the moment as was really starting to panic.

Also just want to thank all you guys as all your advise has been extremely useful and has kept me somewhat calm and collected.

You will as I said look back on this and think meh, why was I worried just as I told you.

Grasp the new job, secure it and plan out how you can move up the ranks.

A job is, just a job. Get that mindset in your head and you are already in a better place.

 

[The_Abyss]

Glad you've been able to make a fresh start. Hope the appeal goes well, nevertheless.

 

[crinkleshoes]

Hi guys,

Just to update you I had my appeal today and it seemed to go well. Decision will be made over the weekend and I will find out next week. Union regional officer was pleased with how it went.

Also thankfully I managed to secure a new job and will be starting on Monday. Exactly the same role as the one I originally applied for and was consequently sacked for but with a different company.

I was completely honest with them and they understandably have a few concerns so have put me on a 6 month probation but that’s absolutely fine by me and I am looking forward to starting.

Just thanking my lucky stars at the moment as was really starting to panic.

Also just want to thank all you guys as all your advise has been extremely useful and has kept me somewhat calm and collected.

Sounds good dude, glad to hear it.

Curious to know what comes from the appeal.

 

[Rroff]

Good to hear things are working out.

 

[lee1101]

Well done, glad it all worked out for you. I’ve been in a similar position in the past and in the end it all worked out for the best

 

[Diagro]

This is why I dislike industry.

In my profession, if you want an interview they actually give you paid time off and wish you luck. I had 6 interviews last year, not once did they complain. Even with a single days notice.

I had 18 days off last year for reasons... Not a single complaint made against me.

Then again, I was made redundant