##Employment : Dismissed for gross misconduct - Smoking in company vehicle

[AlanJohn177]

I was dismissed by an employer at the end of October last year for smoking in their vehicle.(I had been employed as a service engineer)

 

I had been employed by them for the past 20 months and it has to be said that I never really had what you could call the best ever working relationship you could have with an employer.

 

Prior to my dismissal I had been officially signed off sick by my gp as I had been diagnosed with a peptic ulcer and I had been off for 9 working days.

 

A visit to the company offices had been arranged previously for an annual performance appraisal that fell on the 2nd day of my sickness.

 

I was issued with a letter and an email from them accusing me of using ''diversionary tactics'' to avoid an appraisal and a further appraisal was arranged a week later but I was still recoving from the condition.

I was again accused of avoiding the appraisal and a third appointment was scheduled which I attended.

 

The appraisal seemed to go ok and the last thing that had to be done was a vehicle check.

 

A manager came out to the car to check it and asked me if I had been smoking in it and said if I had not to do it again.

I know I shouldnt have been smoking in the car and I was not aware on how the strict the law is regarding this although obviously am now. (- My own stupid fault I know)

 

Anyway I took the comment as a slap on the wrist and ''don't do it again'' only to recieve a phone call from another manager 2 days later saying

I had commited ''gross misconduct'' for smoking in a company vehicle,

this was a sackable offence and that someone was on their way to your house to collect all company property.

 

I was pretty shocked and didnt really know what to do and eventually decided that all I could do was pick myself up dust myself down and start looking for another job.

 

I have been doing that for 6 months now and I have attended 12 interviews without one job offer.

 

I always prided myself in being able to virtually walk from one job straight into another and I have never had so many rejections in my life.

 

An employment agency has looked over my CV and they have said there is nothing that can be improved on it and I don't think there's too much wrong with my interview technique.

 

I don't know if its just ''the way of the world'' at the moment for anyone over 50 but my biggest concern is what that employer may be saying about me to potential new employers.

 

I admit I have fibbed at 2 of the interviews by saying that I left my previous post by mutual agreement due to personal circumstances (my wife is registered disabled - which is true)

but there has to be a good reason why I am not being offered postions which I consider I am more than qualified to do.

 

Any constructive comments and input would be most welcome.

 

Alan

[honeybee13]

Hello and welcome.

 

I'm not quite sure what you're asking, sorry. I think you may be out of time to take things up with your ex-employer about the dismissal. Maybe you don't want to do that.

 

Are you saying that you think they are giving you bad references?

 

My best, HB

[AlanJohn177]

Hi HB thanks for answering,

Yes thats what I think is happening, although its difficult to prove otherwise. I did look at a tribunal process but as the offence was 75% ''contributory'' as a solicitor called it, It wasnt really worth my while appealling. I guess I am just really frustarted with the entire situation.

[honeybee13]

I can understand the employment situation is frustrating, tough times all round. Are you looking for a permanent position or agency work?

 

My best, HB

[AlanJohn177]

Permanant ideally, but I have signed on with a number of agencies also.