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As A manager for 15 years I have made the biggest mistake of…

As A manager for 15...
As A manager for 15 years I have made the biggest mistake of my life and now been suspended. Out of my own pocket I sometimes paid staff cash in hand this wasnt declared in their wages. I have now been accused of bringing my company into distrepute for fraud tax evasion. I am waiting to hear what happens next but feel it will be instant dismissal woild I be better to resign now
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Answered in 17 minutes by:
1/10/2013
michael holly
michael holly, Solicitor
Category: UK Employment Law
Satisfied Customers: 7,071
Experience: Over 20 years experience of dealing with employment law matters and qualified mediator
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There is a term implied into any contract of employment of "trust and confidence" .Under this implied term an employee can be disciplined or dismissed if they bring the employer into disrepute.

As such they can take the action that they are taking.However I am not so sure you should resign. You did this out of the goodness of your own heart, at your expense for the benefit of the employer.Also it is the responsibility of the employee to declare the payment to the Revenue and pay the tax not yours.

These factors may not be enough to save your job but they may be enough for you to negotiate that you leave with a good reference if you hint at fighting any decision made through an Employment tribunal.

I hope this helps. If there are any further points please reply

Best wishes

 

Yours sincerely

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Customer reply replied 5 years ago

But surely they would know I would be wasting my time with any employment tribunal. My boss told me the fault was all mine and not the employees


 

Dear XXXXX

 

Yes they may but hopefully they may look at the mitigating factors and allow you to leave with a reference. This is really a case of trying to salvage something from the wreckage since if you simply resign then there is nothing to stop them saying in a reference that you were suspended for alleged misconduct at the time you resigned. As such whether it is by hinting that a dismissal as opposed to another sanction such as a final written warning would be fought or by trying to negotiate your way out we need to try to get an agreed reference.Whilst the employer may feel that they would win a tribunal case it is really a hassle any employer would rather avoid and for the sake of a reference they might be prepared to avoid it.

 

Yours sincerely

Michael

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Customer reply replied 5 years ago

Sorry final question what should I expect salary wise if i get dismissed

Dear XXXXX

 

You should be paid whilst you are suspended. If it is deemed to be gross misconduct then you can be summarily dismissed without notice so you would only receive any holiday pay due. If you can negotiate that you leave/ resign then you should get the notice period in your contract which you are entitled to be paid for.

The problem with being with one employer for a long period is that a bad reference can be a killer. If you cannot get an agreed reference then think laterally, you might be able to get a reference from a colleague, customer or someone you have dealt with in the course of your job

 

Yours sincerely

Michael

michael holly
michael holly, Solicitor
Category: UK Employment Law
Satisfied Customers: 7,071
Experience: Over 20 years experience of dealing with employment law matters and qualified mediator
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Category: UK Employment Law
Satisfied Customers: 7,071
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