Interviews but i got sacked for gross misconduct.

[kissit2005]

hiya all,

 

I got sacked from my last job 3 weeks ago and now i am looking around for some jobs.at the moment leading up to xmas i am going to try my hand at some xmas posts ie royalmail,argos etc.

 

now the last job i was sacked for gross misconduct.i was employed by them for 22 years and no problems until i swore twice at a work colleuge(b4 opening time) and then was sacked.

 

now when i go for a job on the application form i am going to put down dismissed what do i say at the interview.do i try and explain what happened ie like i have just said because thats what really happened.

 

plus when there get refencences there will it come back as saying i got done for gross misconduct or start date then finish date?

 

cheers for your help stevo.

[car2403]

Can you give some more information over you dismissal? Gross misconduct for swearing on 2 occasions seems very OTT.

 

It's a tricky one, as, for example, my company uses a generic template for employment requests which doesn't provide information about the reasons for leaving. I've dismissed people for GM before and heard they've been employed by other reputable companies up the road - all because it's unlikely my company will divulge the real reasons for them leaving.

 

On the other hand, your potential new employer may be sympathetic to your situation if you are open and honest regarding your reasons for leaving. If you lie at the early stages and they find out later, how can they trust you at all? I've seen this happen and I've had to escort people of site immediately for being misleading with response to questions asked during interview stages.

[kissit2005]

hiya,

i came into my old employement which i have been at for the last 22 years without any problems,no lates,no sicks,no disapline nothing at all. this chap who i worked for came up to me on three occasions and asked me the same question and i then snapped using two f words and thats it.promise. i didnt hit him,i didnt throw something at him,i didnt point at him nothing.somebody else who was higher up(butcher manager) put the complaint in and then bullied this guy into putting a complaint in.

i was then suspended 4 one week then got the sack.

thats it in a nutshell.

so if i put down dismissed then if people ask then i can explain myself if asked.

 

cheers stevo.

[FunkyFox]

Hi there, you could always appeal (I assume they notified you you had the right to do this). Just because they say it was gross misconduct, it doesn't mean it was. This is a quote from the fabulous 'Employment Tribual Claims Handbook'.

 

That is the contractual situation. Protection from unfair dismissal means that even where gross misconduct is proved, the employer still has to consider the gravity of the offence, look at alternatives to dismissal, and give proper weight to any mitigating factors. Employers often overlook this: they have a tendency to assume that once they are satisfied that there has been gross misconduct, dismissal follows inevitably. This is a mistake, and one that claimants can exploit.

I recommend you read the posts on Gross Misconduct her blog here Gross Misconduct | Employment Tribunal Claims

 

Get some advice asap, there are strict time limits and procedures. If your dismisal is found to unfair then that will help with any questions you get in future.

 

What they did sounds 'very' harsh.

 

There is lots of free help around and you may be covered under your contents insurance.

 

Good luck, FF

 

PS - From the CAB website when talking about Gross Misconduct

insolence or rudeness, including use of bad language. Things said in the heat of the moment would not usually justify a dismissal

 

PPS - Given your length of service you could be on for a very hefty basic award too. 'Give 'em hell!

Edited September 1, 2009 by FunkyFox

[kissit2005]

hiya funkyfox,

 

i have been through my appeal which i lost but really deep down i knew that.i have a meeting tomorrow with cab to see about going down the line of Employment tribunal so i will see what comes out of that meeting.

 

the thing what i am really worried about is what to put on application forms because i really wanna work, so i was thinking about putting down dismissal and if they ask just be honest.

 

cheers stevo.

[FunkyFox]

Hi Stevo, FWIW I think you would have a shot a tribunal and remember 80% of claims are settled out of court. Did you read the links I posted, a one off incident of swearing at a colleague is not gross misconduct, especially if the nature of the job swearing is accepted as the norm. Doing so in an agressive manner is highly subjective and under the circumstances should have been dealt with in a different way, especially after 21 (blemish free?) years of service.

 

Have you checked your contents insurance? Our case has been ongoing for nearly 1 year, costs likely to run to over £20k, we have very experienced barrister and all covered by the household insurance.

 

As for what to say at interview I agree, you should be truthful (otherwise you could end up with 2 dismisals and that would be game over) but put a spin on it that says, it was a one off, heat of the moment, focus on the positives (21 years etc) and explain it was very unfair and you will be challenging their decsion etc etc.

 

Best of luck, FF

[kissit2005]

hiya ff,

 

cheers for all your words of wisdom.like i said tomorrow i have this meeting with the cab so i will see what there say etc.

 

i didnt know about the insurance side of things but i will defo be looking into that.

 

cheers once again stevo.

[raydetinu]

I would defo go for a tribunal hearing, contact a good solicitor. Also try and spaek to ACAS, they are the employment specialists and give very good advice.

[kissit2005]

cheers raydetinu i am on that tomorrow.