Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Accused of fraud from previous employer

All matters involving criminal law

Accused of fraud from previous employer

Postby Harlow » Mon Oct 30, 2017 3:19 pm

Hi there, I’m looking for advice. I left my company last Monday as a registered branch manager. Today they ended a probation of another member of staff. They called me and said they had suspended my pay pending an investigation which is going to the police. We had a member of staff there who is the daughter of the lady whose probation has just ended. She came across in may 2017. She needed to complete all of her training but failed to turn up for a day due to sickness. She had already signed a guaranteed hours contract. The lady whose probation ended was also in charge of payroll. She had been paying her 30 hours as this was her contracted hours. When I went on holiday in June 2017 the lady completed payroll and the other girl was due on training whilst I was away on annual leave. When I came back I was abused she had completed admin duties in the office. She hadn’t completed her training. I went on annual leave again in August and when I came back. I saw this girl had been out completing Care calls. She was not compliant due to not completing the last day of training. I pulled her off of work. Our head office payroll came down and worked with our payroll lady for a day on payroll. Last month I finished the payroll as our payroll lady was out on Care calls. I completed the spreadsheet and confirmed the girls contract. I assumed this was discussed at the payroll meeting. I was called today by head office to advise we shouldn’t of paid this individual and my pay was on hold and they had contacted the police as this was fraud. I was under the stipulation that due to her guaranteed hours contract we would need to pay her. I now know that isn’t the case. I’m so worried as my job involves I need a clean DBS. I also now won’t have my wages until this is resolved and they have ended my garden leave 4 weeks early. Can you please offer any advice in regards to this?
Harlow
 
Posts: 5
Joined: Mon Oct 30, 2017 3:16 pm

Re: Accused of fraud from previous employer

Postby Hairyloon » Mon Oct 30, 2017 4:38 pm

You don't need to post the same question twice. The other has been locked pending deletion.

But on topic, it looks like an honest mistake therefore not fraud. Beyond that, I didn't really follow what the problem was. Try breaking up your text a bit.
User avatar
Hairyloon
 
Posts: 10556
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Accused of fraud from previous employer

Postby 3.14 » Mon Oct 30, 2017 4:42 pm

Harlow wrote:I left my company last Monday as a registered branch manager.
You resigned? You were fired? You were suspended on full pay pending an investigation?

There are (as far as I can tell) two investigations going forward here;

1 - A Criminal Investigation by the Police,
2 - A company investigation.

The Police investigation will need to be proved 'beyond a reasonable doubt'. If you are arrested or detained BY the Police then remain silent until your Solicitor arrives and then follow her advice.

The Company investigation needs to be proved 'on the balance of probabilities'. Have you been questioned by company investigators or by Human Resources or anyone at all?
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2172
Joined: Thu Nov 01, 2012 2:58 pm

Re: Accused of fraud from previous employer

Postby Harlow » Mon Oct 30, 2017 5:47 pm

Hi, sorry for the rushed post.

I resigned prior to all of this.

The company are saying that the payroll lady has paid someone who has not worked for the company due to training. She is on a contract of 30 hours and has been delivering leaflets and also has completed some admin work for the branch.

So because this carer has been paid and not completing 30 hours of work they have said this is fraud? I didn’t complete payroll and the other lady did alongside the approval of our head office.

Can they suspend my pay without any written confirmation or investigation?
Harlow
 
Posts: 5
Joined: Mon Oct 30, 2017 3:16 pm

Re: Accused of fraud from previous employer

Postby 3.14 » Mon Oct 30, 2017 5:53 pm

Harlow wrote:Can they suspend my pay without any written confirmation or investigation?
How long had you worked for the company prior to resigning? Have you looked at your employment contract? What does it say? What does the company's policies (Rules and procedures) say on that question?
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2172
Joined: Thu Nov 01, 2012 2:58 pm

Re: Accused of fraud from previous employer

Postby 3.14 » Mon Oct 30, 2017 6:13 pm

From what you have said (so far) on this, I doubt the Police will do anything to you.
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2172
Joined: Thu Nov 01, 2012 2:58 pm

Re: Accused of fraud from previous employer

Postby Harlow » Mon Oct 30, 2017 7:05 pm

Thank you for your reply. I worked for them for 14 months. There is nothing in my contract regarding that
Harlow
 
Posts: 5
Joined: Mon Oct 30, 2017 3:16 pm

Re: Accused of fraud from previous employer

Postby 3.14 » Mon Oct 30, 2017 7:22 pm

I find that difficult to believe. All employment contracts will have something.
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2172
Joined: Thu Nov 01, 2012 2:58 pm

Re: Accused of fraud from previous employer

Postby Hairyloon » Mon Oct 30, 2017 7:51 pm

Is the lady still working for them?
If there has been an overpayment then it is fairly straightforward for them to recover that from her.
Their approach seems unnecessarily unpleasant and heavy handed.
Does someone there have a grudge?
User avatar
Hairyloon
 
Posts: 10556
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Accused of fraud from previous employer

Postby Harlow » Mon Oct 30, 2017 8:05 pm

All I have in my contract is about not being able to seek employment as a manager within 15 miles. And about poaching staff.

The carer is still there, yes.

They have suspended my final pay as well as ended my garden leave as they are investigating. Are they allowed to do that?
Harlow
 
Posts: 5
Joined: Mon Oct 30, 2017 3:16 pm

Next

Return to Crime

Who is online

Users browsing this forum: No registered users and 1 guest

cron