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s-x-i

Original Poster:

284 posts

71 months

Tuesday 16th November 2021
quotequote all
Looking for a bit of advice if possible.

My father-in-law recently lost his job. He was working as in-store security in a supermarket and unfortunately made an error with regards to GDPR which resulted in a gross misconduct dismissal.

He had just turned 60 and has plenty of experience within supermarket retail and most recently in-store security, but has so far been unable to secure a new position.

He has had rejections at both application and interview stage and in all situations he has been honest with regards to his dismissal.

In all honesty I don't think he would give a good interview but he is a hard worker.

So I am looking for advice with regards to jobs that would be suitable for him as we are really struggling to come up with ideas.

Also, as much as I am against lying, would it be acceptable to negate the reason for his dismissal as I believe this is putting the majority of employers off.

StevieBee

14,752 posts

277 months

Tuesday 16th November 2021
quotequote all
s-x-i said:
Also, as much as I am against lying, would it be acceptable to negate the reason for his dismissal as I believe this is putting the majority of employers off.
The short answer is no. I suspect that this was more than an 'error' because an error would unlikely lead to gross misconduct unless there have been a chain of similar issues over the years - or something else. Either way, given the issue relates to GDPR failure to disclose this could itself be considered as fraudulent.

However, if they don't ask, don't tell.

QuickQuack

2,621 posts

123 months

Tuesday 16th November 2021
quotequote all
I guess it's just about possible it was an error but I agree that it sounds a little suspicious to be dismissed for gross misconduct for a simple error.


Can you give any details of what happened? It may be possible to frame it in a different way, maybe as a life lesson learned, and/or as a demonstration of one's resilience after setbacks. You can't hide from your mistakes, and if you try to cover them up, it only creates a bigger mess when the truth comes out. Sometimes it's better to own the mistake, learn from it, never repeat it, and also do your best to stop others from making the same mistake. Could that approach work with a new employer?

55palfers

6,236 posts

186 months

Tuesday 16th November 2021
quotequote all
How much training in the varied and numerous nuances of GDPR did he receive?

2 sMoKiN bArReLs

31,677 posts

257 months

Tuesday 16th November 2021
quotequote all
I've been sacked a few times.

Without doubt (if you get to interview stage) honesty is the best policy. Maybe try to put some sort of positive spin if possible.

Never bad mouth the previous employer either.

If it was a daft thing, explain the lack of judgement.

As always, he should work out exactly what floats the prospective employer's boat & zone in on it.

(One of my sacking transgressions was thumping the MD. I could see a few interviewers getting a bit nervous when I was explaining that one hehe)




rog007

5,814 posts

246 months

Tuesday 16th November 2021
quotequote all
“In all honesty I don't think he would give a good interview but he is a hard worker.”

Might some basic interview skills training help?

Jasandjules

71,894 posts

251 months

Tuesday 16th November 2021
quotequote all
Why not "set up as self employed" for a month or two then seek jobs saying it didn't work out?

s-x-i

Original Poster:

284 posts

71 months

Wednesday 17th November 2021
quotequote all
Thanks for the input so far.

What happened was a customer had an item stolen after leaving it at the front door of the store.

The customer asked my Father-in-law if they could see the CCTV. My Father-in-law checked with his manager who agreed to let the customer see the CCTV. The customer then took an image of the person that stole the item and then posted this on social media.

As a result both my Father-in-law and his manager were dismissed.

So yes a breach of GDPR but quite a simple mistake especially after getting authority from his manager (apparently he should have challenged this).

ShinyPsyduck

216 posts

130 months

Wednesday 17th November 2021
quotequote all
Thats so dumb and this guy is now having a hard time all because of that!

Carbon Sasquatch

5,139 posts

86 months

Wednesday 17th November 2021
quotequote all
How long ago was the dismissal ?

If it were me, I''d be challenging that one - manager permission should be decent cover - and I would have thought a photo of a video is well within the grey area of GDPR.

s-x-i

Original Poster:

284 posts

71 months

Wednesday 17th November 2021
quotequote all
Carbon Sasquatch said:
How long ago was the dismissal ?

If it were me, I''d be challenging that one - manager permission should be decent cover - and I would have thought a photo of a video is well within the grey area of GDPR.
Dismissal was around 4 weeks ago.

We challenged it and he went through the appeal process but as he had signed training documents on GDPR they upheld the decision.

55palfers

6,236 posts

186 months

Wednesday 17th November 2021
quotequote all
s-x-i said:
Carbon Sasquatch said:
How long ago was the dismissal ?

If it were me, I''d be challenging that one - manager permission should be decent cover - and I would have thought a photo of a video is well within the grey area of GDPR.
Dismissal was around 4 weeks ago.

We challenged it and he went through the appeal process but as he had signed training documents on GDPR they upheld the decision.
He may well have signed the training doc, but is there any evidence of a test of his comprehension of the training syllabus?

Also, did the syllabus cover the specific areas of his alleged misconduct ?

Carbon Sasquatch

5,139 posts

86 months

Wednesday 17th November 2021
quotequote all
Just the company own process or an independent one ?

Hard to know what he signed.

May be with posting in the legal section for advice - there are a few employment lawyers on here.

Largechris

2,019 posts

113 months

Wednesday 17th November 2021
quotequote all
Seems like wrongful dismissal to me, I would speak to an employment lawyer, Mags Trench at Barco is excellent.
The threat of a tribunal might lead to a quick settlement offer, but you have to act fast, 60 days to start a case I think.

Secondly, I can’t see how the question of why he left a fairly low paid store security job ever being likely to come up in future interviews, yes be honest but no need to be upfront about it surely. Just say seeking new challenges etc.

Interview training sounds sensible.

Jasandjules

71,894 posts

251 months

Wednesday 17th November 2021
quotequote all
s-x-i said:
Dismissal was around 4 weeks ago.

We challenged it and he went through the appeal process but as he had signed training documents on GDPR they upheld the decision.
IF he wants to pursue it further, contact me and I can take a deeper look. It strikes me on the face of what has been said as unreasonable to suggest that obeying the instruction of a manager is Gross Misconduct..


Taita

7,918 posts

225 months

Wednesday 17th November 2021
quotequote all
I'm a GDPR noob but is a still of a customer in a building you own / control etc, a GDPR violation?

Strikes me as a public place, eg no dramas?

Curious - not my area of expertise and GDPR tends to grow creeping excellence arms and legs like any compliance based thing smile

theguvernor15

1,053 posts

125 months

Thursday 18th November 2021
quotequote all
I appreciate his age so it may not be appropriate, but the SIA industry are crying out for SIA (which i presume he is), in my region of the country, for door/event/any other kind of security?

Tyre Smoke

23,018 posts

283 months

Thursday 18th November 2021
quotequote all
Don't know where in the country you are, but if he's in Devon, I'll interview him for a job driving people to hospital and kids to school. £20k basic, 35 hour week M-F. 28 days holiday. Plus OT if he wants it.

tight fart

3,414 posts

295 months

Thursday 18th November 2021
quotequote all
Can he drive?
All the supermarkets are desperate for delivery drivers.

s-x-i

Original Poster:

284 posts

71 months

Friday 19th November 2021
quotequote all
Thanks everyone.

As for taking it further, I'm sure they have a pretty tight case as they showed proof of training during his appeal. Also, financially it would be a strain to challenge them further.

Another hurdle is that he doesn't drive so any new position would need to be accessible by public transport which limits some opportunities.