Gross Misconduct and what to say

LegacyUser

Well that's all done. All very amicable but it was cited that the breach in trust could not be overcome and I have my notice with a few days to reply if I disagree.

I won't as I can't see any benefit other than dragging it out.

Off the record I was told that if I resigned before the deadline, it would be accepted. Not sure what to make of it.
Is that something that happens normally or are they just being nice, who knows.

Time to get the CV in order

5rtytry56

Are you sure you want to drag it out?

iwillhtfu

They're being nice in allowing you tender you resignation. Should a future employer contact them they can say you resigned as opposed to telling them your were dismissed for gross misconduct.

Were I you I'd be packing up my desk in the morning.

RosieJoe

I think it is better to quit than being sacked

Hollister11

If I was ever in a misconduct heating at work. If walk in, take the mick, get my wages and leave.

saabsaab

It looks like you don't want to fight the company over this and a resignation is the best way out for both parties. Perhaps get a new start elsewhere is best but I don't think that the offer is being 'nice' more a case of you left case closed and no comeback legally re unfair dismissals or incorrect procedures re firing process. Best of luck..

Senecio

I would take them up on the offer of resigning. It suits both parties. You may still be able to gain employment in your chosen field. They know they have the security of never hearing from you again should you decide at a later date to take an unfair dismissal case up.

Win-win from where I sit.

blindsider

@AnonymousJoe: You have my sympathies. Not an easy situation you've found yourself in.

I think I'd go the resignation route - for the reasons outlined above.

There is one disadvantage. You will not be entitled to Social Welfare for around 9 weeks. (If they fire you, you can claim benefits immediately.)

You should still register with SW immediately, and if you get a sympathetic Case officer, s/he may be lenient re the qualifying period.

Hope things work out for you!

LegacyUser

I am going down the resignation route I think, probably the best choice.

blindsider wrote: »

There is one disadvantage. You will not be entitled to Social Welfare for around 9 weeks. (If they fire you, you can claim benefits immediately.)

My understanding is that gross misconduct puts you in the same position as resigning, in that regard I think it makes no difference, upto the case officer, maybe I am wrong, either way, it will be a long 9 weeks if I get nothing else.

Tubberadora

Anonymous Joe wrote: »

I am going down the resignation route I think, probably the best choice.



My understanding is that gross misconduct puts you in the same position as resigning, in that regard I think it makes no difference, upto the case officer, maybe I am wrong, either way, it will be a long 9 weeks if I get nothing else.

You are right in your understanding. Gross misconduct is treated the same as walking out from the social welfares perspective unless you were taking an unfair dismissal case.

Wanderer78

tough one op. best of luck with things

Cold War Kid

Hollister11 wrote: »

If I was ever in a misconduct heating at work. If walk in, take the mick, get my wages and leave.

Yeah burning bridges and risking no reference is something you *definitely* don't want to be doing.

OP, apply like mad for other jobs now, to prevent a gap - you might get hired before you're gone from this place, which will look best of all.
If they ask for a reference from this place though, what will they say? (Have you asked them?) Hopefully they'll say more than "Anonymous Joe worked here from xyz to September 2015" - although maybe putting down referees from previous jobs will be enough. That will probably be legit actually because people often don't put down referees from their current job as they don't want to risk them finding out they're looking elsewhere.

kidneyfan

Don't resign. Though you haven't specified the nature of the problem there is no evidence that it is a matter for which you should be dismissed as opposed to receiving a warning.

Don't accept liability is writing/

Don't sign anything.

Speak to a solicitor. This company don't seem to be following proper procedures.

davo10

kidneyfan wrote: »

Don't resign. Though you haven't specified the nature of the problem there is no evidence that it is a matter for which you should be dismissed as opposed to receiving a warning.

Don't accept liability is writing/

Don't sign anything.

Speak to a solicitor. This company don't seem to be following proper procedures.

Did u read the thread?

LegacyUser

Just checking back in to give a final report.

So I got a letter to sign, accepting my resignation. I read through it and it insisted that I get legal advice. They told me I could try citizens inforation. Went in, citizens info were great but told me that the letter stated legal advice and they would not in good faith accept this is what they had given.

Went to a solicitor who told me I should have came earlier, he didn't really get the idea that I didn't want to sue or drag it out. Anyway, he told me that from the wording they never had any intention of letting me back in should the investigation have went my way. In his own experience, as stupid as I was it should have been a final warning only. Had I come to him earlier it would have been more in my favour but I was never going back to work there from the start of the proceedings. Disappointing, but it is what it is.

This said, maybe it's for the best, I don't think my direct line manager would have worked with me anyway. I was happy to hear from work of the several people ( many I would have not expected too) who stood up for me and asked that I be kept on.

Needless to say, all is signed and accepted. Managed to get a job today. Different area, less money but I am looking forward to my start date like a child to Christmas.

Thanks for all the words of wisdom. Some lessons hard learned by myself, but more importantly, well learned.

alan partridge aha

Anonymous Joe wrote: »

Just checking back in to give a final report.

Well the very best of luck in your new job, their loss(old employer) is your new company's gain. Well done and keep positive.

blindsider

OP - best of luck.

Put it down to experience - now move onwards and upwards!

(And don't forget the lessons learned.)

Silverbling

I have read the whole thread

so if I have it right, you have a niche skill that your company did not provide but you could as a quick nixer, they got very annoyed that one of their employees could provide what they could not and even worse someone ratted that you could and it ended up on the grapevine, you were a very bold employee who made a mistake and then held his hands up and said sorry after 7 years and they said bye bye?

Why are you not starting a business in the niche you could provide? you sound like someone who is ready to be self employed with an asset that will be paid for

Eoin

Silverbling wrote: »

I have read the whole thread

so if I have it right, you have a niche skill that your company did not provide but you could as a quick nixer, they got very annoyed that one of their employees could provide what they could not and even worse someone ratted that you could and it ended up on the grapevine, you were a very bold employee who made a mistake and then held his hands up and said sorry after 7 years and they said bye bye?

Why are you not starting a business in the niche you could provide? you sound like someone who is ready to be self employed with an asset that will be paid for

It sounds like it was more serious than that.
http://www.boards.ie/vbulletin/showpost.php?p=96746909&postcount=17

LegacyUser

alan partridge aha wrote: »

Well the very best of luck in your new job, their loss(old employer) is your new company's gain. Well done and keep positive.

Thank you, my situation reminds me of that time you shot Forbes Glen. Obviously less serious but equally unintentional.

blindsider wrote: »

OP - best of luck.

Put it down to experience - now move onwards and upwards!

(And don't forget the lessons learned.)

I couldn't even if I wanted too. I suppose I never thought about how linked I was too my work. The last few weeks have been tough. The number of times I have gotten up and dressed, Sent my kids out the door and then literally shut down as I had no idea what to do. My new company are going to get far more than their money's worth.

Silverbling wrote: »

Why are you not starting a business in the niche you could provide? you sound like someone who is ready to be self employed with an asset that will be paid for

If only that's the way the world worked but IP etc. is not mine. I do have a few ideas for a business that I will potter about on in the background but it is completely unrelated to my current or former roles.

Eoin wrote: »

It sounds like it was more serious than that.
http://www.boards.ie/vbulletin/showpost.php?p=96746909&postcount=17

Indeed it was.

I am not normally an optimistic person. 5 years ago I would have fallen apart. I imagine I would have a bottle of whiskey rather than a cup of tea and be staring at the walls.

Thanks again for all the words of wisdom. If nothing else, I won't look back in a few years and wonder did lies make it worse. This way I found out I had been valued, that no matter what I said I was gone.

I hope I don't have to post here again anonymously but it has been a great help.

Cheers.