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Dismissed for gross misconduct

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  • Dismissed for gross misconduct

    Hi

    I'm new to this forum but I have recently been dismissed from my company for gross misconduct. I worked there part time for just over 7 months.

    I feel I have been made a scapegoat in a investigation which involved all 4 members of staff from my workplace. I work in sales and a few months ago a member of staff put a sale through in my name on a day I wasn't in. He put a note on our system saying I had spoken to the customer the night before and that I didn't have time to put it on the system and that the customer came in the next day to complete the sale. This was not true and I had never spoken to the customer the night before. The area manager had mentioned to our new assistant manager that she wanted to get rid of this particular member of staff, so when the investigation into this sale started I wanted to protect the member of staff and stuck to the story. In hindsight I should of just admitted the truth at the time, but I was worried about the member of staff. During our second investigation, the area manager claimed she had spoken to the customer who had confirmed who she had spoken to and when, but she never provided any evidence of this. I admitted that I had never spoken to the customer and that the member of staff had put the sale through to help me reach my target that month. This member of staff has since resigned due to the disciplinary proceedings taking place.

    At the disciplinary hearing, they made an accusation of me stealing money from the company because I had accepted £10 bonus which should not of been mine. They also accused me of falsifying kpi figures because I didn't tell the manager I shouldn't of got the bonus (however, the manager knew about it all along and was the one who asked the member of staff to put the sale through for me, but has denied all knowledge of it throughout the investigation and disciplinary). I was dismissed for gross misconduct and I have appealed against this decision.

    My main concern is that I now have a dismissal for gross misconduct on my employment record. I am just about to finish my masters degree and look for full time employment, and I don't know whether my previous employer can declare this if I use them as a reference?

    Thanks for taking the time to read this. Any advise or answers would be great
    Tags: None

  • #2
    Re: Dismissed for gross misconduct

    Hi Bodycare01 and ,

    I'm so sorry you've been through what sounds like a very unpleasant series of events.

    The employment law beagles will be along to help you soon - hang on in there! xx

    Comment


    • #3
      Re: Dismissed for gross misconduct

      As you have only worked there for 7 months you have no right to claim unfair dismissal. That is unless you have been unlawfully discriminated against in some way.

      My main concern is that I now have a dismissal for gross misconduct on my employment record. I am just about to finish my masters degree and look for full time employment, and I don't know whether my previous employer can declare this if I use them as a reference?
      They can tell a prospective employer that you have been dismissed. Seven months isn't really a long time. Perhaps it might be better if you were to gloss over this period and tell them that you were studying full time or something like that. You could tell the truth to a prospective employer. However, it might be better to do this in person rather than put "dismissed" on your CV as that would definitely hinder your chances of getting an interview.
      Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

      If you decide to act on anything I have posted you agree not to hold me liable in any way.

      If you are unsure then you need to take proper advice from someone who is an expert.

      Comment


      • #4
        Re: Dismissed for gross misconduct

        I kinda agree with Harmonica on this one. As it was only 7 months then I think it is something that you can clearly brush over since you can claim to have been full time doing your Master's degree and therefore that place of work can never have existed, if you get where I am coming from
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment


        • #5
          Re: Dismissed for gross misconduct

          Hi, thanks for all your input so far. Something else has happened now. I wrote a letter of appeal and sent it to the managing director of the company as well as the operations manager. The operations manager sent an email to me in error (it should have gone to the managing director.) Basically in the email he accuses me of not writing the appeal letter myself, calls it drivel, and says it is written by one of the stores customers (who has been offering myself and the manager legal advise). In the email he also asks the managing director whether he should send the disciplinary invitation to my manager. As part of my managers grievance outcome, the managing director is not supposed to be involved in any part of the disciplinary that relates to my manager.

          My question is, are they following procedures correctly here and does this email give me any bargaining power with them?

          Comment


          • #6
            Re: Dismissed for gross misconduct

            What exactly is it you are hoping to achieve? Do you want to keep your job or do you simply want a way out that doesn't include being dismissed?
            Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

            If you decide to act on anything I have posted you agree not to hold me liable in any way.

            If you are unsure then you need to take proper advice from someone who is an expert.

            Comment


            • #7
              Re: Dismissed for gross misconduct

              I don't want my job back, I just don't want a dismissal for gross misconduct on my record. I know I can just pretend I never worked there, but for my own peace of mind I'd rather it wasn't on my record! I also feel I've been treated very badly throughout the whole things but I have very limited rights since I only worked there for 7 months.

              Comment

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