• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Gross Misconduct

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Gross Misconduct

    Hello everyone, im very new to this site so I apologise if I have posted this thread in the wrong place :tinysmile_hmm_t2:. I am trying to clarify an issue that I seem to be having and no one seems to know for sure whats right and whats wrong.

    In May of this year I had to attend an investigatory meeting at work. I had no idea what this meeting was about until I actually got in there, but I did attend the meeting and took a union representative with me. The meeting went on for quite some time and it transpired that I was being investigated for an alledged breach of departmental policies (I worked for the DWP). They had evidence that I had used equipment to do my job, for my own gain or benefit (which is against company policy). I was told after the meeting that the only two possible outcomes would be either a final written warning or dismissal for gross misconduct, and the person who would make the decision would be someone of a higher grade (S.E.O). On the 17th July I was invited to another meeting by the said S.E.O to present to her my reasons for doing what I did. She then said that she would consider all the evidence and get back to me in writing within 10 working days. During all this time (from my initial meeting in May to my second meeting in July) I decided it would be best to look for further employment, just in case the worse scenario happened. I applied for a few jobs and on the 11th July I was invited for an interview with another employer, but still within the civil service. At this time I still hadn't heard about what was happening with my present job. After a week or two, I decided to email my prospective new employer as I had not heard anything. I was told in my reply that they were waiting for my vetting forms to be sent back and I would hear something very soon. A very reliable source advised me that this sounding like I had got the job, because there would be no other reason why they would be waiting for the said vetting forms. Then on the 1st Aug I was asked to come into work as the S.E.O wanted to see me (I was on leave at the time). I did go into work and unfortunately I was told that as from that day I was being dismissed for gross misconduct for breaching company policy and using work equipment for my own gain. Then shortly after this I received another email from the potential new employer telling me that I had indeed got the job. It also said that they would contact my line manager to agree a suitable transfer date for me to start. I emailed back saying that my line manager was on leave for 3 weeks and I was able to start whenever it was convenient for them (after all I was now out of work) an email back from them said not to worry as they could wait until my line manager returned.

    So my issue is, does my previous employer have to tell my new employer that I was dismissed for gross misconduct on 1st Aug? My union rep has told me that as far as he is aware all my line manager can say is that I no longer work there and from what date, but not give the reason behind it.....is this correct?

    Also if my line manager DOES tell my new employer that I was dismissed for gross misconduct, can my new employer then take the job from me, even though they have already told me ive got it?

    Many thanks and I hope all that made sense :tinysmile_hmm_t2:

    Tracy
    Tags: None

  • #2
    Re: Gross Misconduct

    Hi RacyTracy, & welcome to Legal Beagles.

    There is a similar thread here http://www.legalbeagles.info/forums/...oss-Misconduct

    Have a read, & come back to this thread for any further info.

    Post #21 is quite interesting!
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Gross Misconduct

      Originally posted by charitynjw View Post
      Post #21 is quite interesting!
      Even though it was posted by a known and provable liar?

      Comment


      • #4
        Re: Gross Misconduct

        thanks everyone for viewing and replying. The thing is the similar thread doesnt really answer my question. My new employer isn't asking for any references or stuff like that, as I have already been told that ive got the job :tinysmile_grin_t:, all i wanted to know was, does my previous employer have to tell my new employer that I was dismissed for gross misconduct? some people have told me that they aren't allowed to do that because it could be seen as giving a bad reference (even though i dont need a reference as ive already got the job), and other people have said that if my new employer wants to know why I no longer work there, my previous employer has to say why. So i just wanted to know which is right, 1 they have to say or 2 they dont.

        thanks

        Comment


        • #5
          Re: Gross Misconduct

          It's not absolutely black or white, I'm afraid.

          The previous employer is only obliged to give a reference if the contract of employment re the ex-employee stipulated so, or in some cases, the type of job makes it an automatic requirement (ie, some jobs in the finance sector).

          If given, the reference must be fair & accurate; if not, the subject can take legal action.

          The new employer should not request a reference directly from the previous employer; it should, if required, come via the employee.

          & yes, if asked, the reference can contain details of misconduct, etc, although usually a neutral reference is provided.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Welcome to LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X