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Fired for Gross Misconduct - How do I move forward?

Discussion in 'Pay and conditions' started by radyellow, Feb 16, 2010.

  1. Hi,

    I was a Head of Faculty at a Catholic Sixth Form College. I was there approximately 7 months and was fired out of the blue for gross misconduct. In my letter it was stated that this was because I had not acted ?within the mission and ethos of the college?. I was in contact with my union but unfortunately the rep that was assigned to me was negligent and did not send letters to the diocese or the college to defend me ? he was adamant he had done this but when I requested the data under the freedom of information act, it was evident that these things had not been done. To cut a long story short, there was very little evidence for my case but I was refused an appeal, the College wanted rid of me before the 12 months were up so they did not have adhere to any legal disciplinary procedures. The union let me down and I have since had an apology from them, they have also offered to send letters to the diocese but this was months after the event. I do not wish to pursue anything with the college or the union as I have run out of energy, this gave me a nervous breakdown and I am very lucky I have come out the other side. I have since been working as a supply teacher and I made my employer aware of what happened. They knew the College and the Principal and did not speak highly of either, the College coincidently had done this before and the union was also aware of this.

    I am now hoping to seek full-time employment again, ideally in another country and I just do not know what to do on my CV. Do I leave them on there and hope I never have to talk about it? I doubt foreign employers will believe my situation not knowing the college etc. Or do I fudge my CV and take them off it all together? I have a previous employer and my supply agency for referees but do want to do anything illegal that could jeopardize my future. Would it be better to complete a MA, and then sufficient time would have lapsed between events?

    I am very nervous about lying; I have never had to do this in my life.

    Any help would be great.

    Thanks
     
  2. phatsals

    phatsals Occasional commenter

    You have a long professional life ahead of you. Disappear the 7 months and move on, you have built up new referees and regained your professional self respect which is most important. What is the point of reminding yourself every time you apply for a new post, of a particularly unpleasant part of your life. It's only 7 months, not 7 years.
     
  3. Oh, tread very very carefully here.
    Get advice. Try your union at Head Office level for guidance.
    If you can afford it you could always take advice from a solicitor.
    You might have a long career ahead of you, so don't screw up in haste.
     
  4. Morninglover

    Morninglover Lead commenter

    I would put the 7 months on your CV - and application form - but not explain why you left unless asked in an interview (and then I'd have an explanation relevant). If you leave them off you might be in trouble later for lying on your application form...
     
  5. DaisysLot

    DaisysLot Senior commenter

    First question... Is there any record of 'gross misconduct' logged against you with the general teaching council?

    If it was just an accusation, that transpired into you having a breakdown and leaving..... you have nothing to declare... and the school would be wrong to state otherwise on a reference.

    Others are correct.... as you were only in a the job 7 months.... i would build up new references and give a future employer no need to seek references prior to more positive positions.
     
  6. Becareful of having unexplained 'gaps' on your CV. It's one of the things employers look for, and steer clear of.
     
  7. Thanks for your response: as I teach in FE and not Secondary there was no note made to the GTC, the College also did not refer it to the IFL. I have spoken to a solicitor but I could not afford to pursue it. The College have little evidence as the investigation was all hear say. From what people have said I need to leave it all on my CV and have a good explanation for me leaving and like you said get new references and experience.
     
  8. phatsals

    phatsals Occasional commenter

    You can get free legal advice from a solicitor with Legal Aid. Your income can be quite high and as long as assets ie equity in a home are less than £100k you can still get free help. . 7 months is not a big gap on a CV.
    http://www.communitylegaladvice.org.uk/en/legalaid/
    Please follow the above link where you will find an online calculator. You may choose not to take up this option, but it is an option that is open to you. there is a telephone advice line also available who will put you in touch with a solicitor if you need it.
     
  9. DO NOT LEAVE A GAP ON YOUR CV/APPLICATION FORM.
    New safeguarding proceedures have highlighted the need to look for employment gaps, not that most of us always did this, references from previous employers will be saught/no interview offered if prospective employers smell a rat. Get advice and clear your name
     
  10. I completed this calculator but between my partner and I earn too much. I have got some money in savings but I wanted to use this on an MA.... The prospect of dealing with the College again makes me feel ill. I know I didn't do anything to warrant my dismissal, the union were surprised at how I was treated as was a solicitor that I spoke to but you have very few employment rights until you have worked somewhere 12 months. Apparently most employers do know this but don’t use it, this particular College had used in 7 times in 3 years. Not that this makes it any better for me. I just want to move forward in the most positive way. Just to clarify the situation, on the investigation notes the worst offence was swearing, but this never happened, like many of the accusations. The entire case read like staff room gossip and even now reading it back, it just makes no sense. I can see some of the incidents they are referencing to but everything was taken out of context and turned upside down. My worry is that future employers just won’t buy it. My supply agency was very supportive and I was very open and honest from the word go at interview but I am aware that few people are like this.
    From the advice given leaving the job on my CV is a must. I just need to work out how to discuss the case in a way that will not stop me from getting a job. I feel very embarrassed and ashamed that it has happened; I honestly never thought this could ever happen to me. I think my naivety in a management position did not help and I worry that this could stop me from getting a job. Do you think that completing an MA would distance me enough from the College enough? And, when asked about my reasons for leaving, how do I explain it?
     
  11. DaisysLot

    DaisysLot Senior commenter

    7 months is nothing..... put that you went to 'find yourself in Tibet' in that time on the CV.... works for most people.

    No one is perfect.... and anyone with a brain will believe you are worth more than the opinion of one place mate.
     
  12. phatsals

    phatsals Occasional commenter

    You have clearly had an experience that has been personally very damaging. I still say lose the 7 months. I have been working for over 30 years, believe me 7 months is nothing. In a while if you want to, put it on your CV but I have to ask why. Give yourself a break, you don't 'have' to do anything, do some supply, build up your confidence and get new referees. That way a painfufl experience has no further hold on you. The alternative is a constant reminder of possibly the worst professional experience of your life. Life really is too short, you didn't hurt anyone, you didn't break the law. Put it behind you and move on.
     
  13. Morninglover

    Morninglover Lead commenter

    It is tempting to 'lose' the 7 months, but if you are asked to account for all your previous jobs, and also account for any periods not at work (as most jobs now will ask you) and you lie, you will always be at risk of being sacked for lying, and - quite possibly - banned from teaching by the GTC. There are also legal implications (obtaining a post through fraud). I would strongly advise against following the advice to 'lose' the job.
     
  14. i am seeking some support it looks like i will be dismissed for gross misconduct in the next couple of weeks and i am wondering two things
    firstly how do i put it on to my CV, i am fully aware that my teaching career could be in tatters but i am conscious that i need another career
    secondly how do schools respond to an offer of resignation/ termination of contract by mutual consent?
     
  15. i am in the same situation as above that it would look likely that i may lose my job and be done for gross misconduct, i am wondering a couple of things:
    how to i put it onto my CV for future applications, i understand i my teaching career maybe over but i am looking in terms of another career
    secondly how do schools respond to offers of resignation/termination of contract by mutual consent?
    any help welcomed
     
  16. langteacher

    langteacher New commenter

    check your household insurance policy, you mayhave an extension for legal advice
     
  17. I can't help at all, but am just writing to offer my sympathy and best wishes.
    I've known people move into other teaching jobs after dismissal for GM. I hope you don't lose your job, if you do, I hope you find another, better one and settle down again quickly
     
  18. DaisysLot

    DaisysLot Senior commenter

    It very much depends on the nature of the gross misconduct - If you're talking child protection issues/ drugs/ criminal actions/ fraud - then the disciplinary process that the school has commenced will more than likely be seen through to conclusion. A school would be unlikely to accept a resignation in lieu of seeing that procedure concluded. Any 'mutual agreement' to part ways is typically called a compromise agreement and that is usually negotiated on your behalf by a union representative or solicitor acting on your behalf.
     
  19. AdmiralNelson

    AdmiralNelson New commenter

    Yes. This fits in with my knowledge of the situation. You need advice from your Union (not the school rep - but the regional/area office at least), or a specialist employment solicitor. I would suggest moving quickly.

    Good luck.
     
  20. AdmiralNelson

    AdmiralNelson New commenter

    I think this is one of the most dangerous pieces of "advice" I've seen on the TES forum - it could lead to both dismissal and prosecution, as well as a ban from teaching.
    AVOID TAKING IT AT ALL COSTS!
     

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