08 May 2018

A question about : Suspended pending investigation for gross misconduct.

Hi all. I am looking for some guidance please. I have made a massive mistake at work. I have claimed to have received documentation back from a client which I hadn't. I work in financial services and needed to get my files up to date. I was under pressure so in a complete moment of madness I have falsified the document so it looks like the client signed and returned it when they didn't. The document wasn't any form of application it was just for my records. The worst thing is I've since found out that they didn't even need to sign and return the document!! I have been found out and suspended pending investigation. Reading the companies employee policies this will class as gross misconduct so I am in no doubt I will be fired at the disciplinary hearing. I have only been in this job for 6 months but have worked in financial services for 14 years and have a perfect record up to date. I am worried sick that this will go on my records and am wondering what to do about looking for new work. As I have only been in the position for 6 months should I leave it off my CV and hope for the best? I know I've been an absolute fool so please no abuse as I don't want to feel any worse than I already do! Thanks in advance x

Best answers:

  • Sounds like you've really shot yourself in the foot here and it is a really serious thing that you've done. The problem of course is if you would falsify one thing from a client then there is always the potential for you doing it again (and because of that I don't think many firms would take the risk).
    Leaving the role off your CV might work but is also really high risk. The problem I suspect that you will have is that all of the financial services firms that I've ever worked for always have to confirm that employees are "fit and proper" and this will usually include some sort of declaration that needs to be completed and will potentially include questions about having been dismissed for gross misconduct / dis-honesty etc. So you might have burnt your bridges in the financial services world.
    It may well be that you would need to see what transferable skills that you have that could be carried across to another industry. But again, any false declarations that are found out are going to inevitably end up costing you jobs in the future as well.
    Apologies for not being able to think of anything positive to add. Good luck.
  • Gross misconduct does not always lead to sacking although of course it may. When you have the meting with your employer it may be wise for you to admit what happened, explain why it happened but be absolutely clear that you understand that that is not a justification or excuse for what you did, assure them that this was absolutely a one-off and you have never and will never do anything similar again.
    At this stage you have nothing to lose by being open and honest and it may help you.
    You say you were under pressure - was this unusual? Have you sought any medical help either at the time, or since?
    As Macca says, many jobs in your sector do have very high conduct requirements - are you a member of a professional body? If so, your employer may be obliged to report he incident to them as well.
  • Thanks for your replies. As mentioned I have only been in this particular role for 6 months. 3 of which we're training so I have only been actually doing the job itself for 3 months and I have unfortunately let paperwork get on top of me. I have been focussing on the business rather than the extra admin which is how I ended up getting myself in to this mess when I was quickly trying to catch up on the work I'd forgotten! No excuses at all as I understand what I have done is serious! Yes I am a member of the FCA & PRA so I would more than likely make things worse for myself if I leave the job off my CV then get found out. I just have no idea where to go from here as this stupid stupid mistake is going to ruin my career!
  • I would keep it off your CV and continue looking (unless there is a blacklist of sorts). You will be shooting yourself in the foot if you declare this post on your CV on the basis that you've earned a 14-year unblemished career save for this episode.
    But there is a small risk this could come back to bite - for example, if you obtained this role from a reputable recruiter thats serves that industry, the field of associates become much smaller and there is a risk a recruiter might broach your profile to the HR of your new job (without disclosing your name), with enough detail to reveal your identity i.e. town of residence, past projects achieved qualifications etc.
    But this is a small risk and I would still go with the flow as financial services is usually many multiples of the NWM.
  • *Earnie* I work in the same industry. Unfortunately, as a member of the FCA and PRA, you're highly unlikely to get away with leaving this off your CV, and you'll come across terribly to companies who find out.
    Have you determined if this will be dealt with internally or referred?
  • Do not lie on your CV. You'd be surprised how market is small and people know each other, companies have access to info and so on.
    As said, a small lie will lead to a big one.
    Try to deal with it internally and perhaps you won't be sacked right away.
  • I thought that would be the case due to fit and proper checks for approved persons. I'm waiting for confirmation but believe it will be internal. I genuinely can't believe I've been so stupid! I've never done anything like this in my life! Tough lesson learned!
  • My advice would also have been to leave that job off of your CV and cover the gap with either 'travellling' or get a relative who owns a business to vouch for you saying you were doing office work etc etc.
    This has successfully worked for my brother a few times!
    However, I concede that I know nothing of 'regulated industries' and maybe for some reason this isn't possible with a job like yours.
    AnothernewUser says that you WILL be found out if you lie.
    I have no idea how they would find out that you've ommited a certain job, but i'll take his word for it.
  • Not having the paperwork is one things, falsifying documents is another (and much more serious I would have thought). I know you know that now though
    I'm not sure if grovelling would be enough in this situation. You also haven't been there that long to gain any protection from dismissal (I believe they can get rid of you for any reason in the first 2 years).
    Do you have a union? Can you get guidance from your professional body anonymously?
    I feel like you need proper advice from those in the know/with specific experience, rather than the opinion of strangers on a forum (who may or may not be in the industry).
    I hope things work out for you. My gut feeling is that you will need to use your transferable skills and try and find work in a different sector.
    df
  • So even a 6 month unexplained gap would mean you don't get the job?
    What about someone with some health issues that took them out of the game for a few months or someone who lived off of saving between jobs?
    I guess that that particular industry must have their own way of doing things, but I know a number of people (typical office jobs/sales jobs etc) who have ommitted jobs due to being sacked from them and used 1 of a number of excuses and have gotten away with it.
  • The OP is a regulated being.
    His company are obligated to report this to the FCA. The FCA will decide whether he can remain registered. He may get a hearing, or they may ask for submissions in writing, and then decide. He is likely to be removed from the register, because he has falsified documents in a highly registered industry.
    New employers in the financial services will ask about FCA registration. If he is still registered, this incident will be available for them to view and make their own mind up about employing him.
    He may not necessarily require registration for every financial services job, but he will need to not be barred, which is unlikely.
    It isn't the omitting of the job that would be a problem - that's a moral debate that the OP will decide on himself, and hundreds of people do omit jobs and get away with it. But the act that the OP did, in this industry, will not pass unnoticed.
    This also presumes that there is no way for a new employer to find out that the OP worked for his current company. Cached LinkedIn or company pages and documents could easily give that away.
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