UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

I have been accused of falsifying my time sheets and

Customer Question
Hello, I have been accused...
Hello, I have been accused of falsifying my time sheets and fraudulently claiming money for times that I have not worked. It was during a period of 11, 12-14 hours night shift (I usually work days, but nights when necessary) I started my shift at 6pm on site, and went through till 7-9am the following morning, and booked all the time between less 30 minutes for my so called lunch.I went off site some of these nights to travel to my accommodation as I work away from home to make and eat my food. Whilst off site I read documents for work, and other work related things, and I genuinely believed that I was still working and available. I am told that I will be disciplined for claiming the hours whilst I was off site.My work is a supervisory role and not manual labour. They say that if found guilty of gross mis-conduct due to Fraud I will be dismissed. As I was working from my accommodation and performing "Sensible monitoring" of the works, and at times of low risk contractor activities, and informing the contractor that I am available on the phone should it be needed, I thought I was still working. Can this still be classed, indeed proven as fraud by my employer?
Submitted: 4 months ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 19 minutes by:
12/5/2017
Solicitor: Ben Jones, UK Lawyer replied 4 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,161
Experience: Qualified Employment Solicitor
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Ask Your Own UK Employment Law Question
Solicitor: Ben Jones, UK Lawyer replied 4 months ago

How long have you worked there for?

Ask Your Own UK Employment Law Question
Customer reply replied 4 months ago
Only for 6 months Ben
Solicitor: Ben Jones, UK Lawyer replied 4 months ago

Hi there, sorry I was offline by the time you had replied. For fraud to occur there must have been some intent by you to defraud the company. Judging by what happened the intent was not there, although you may have negligently claimed these hours without appreciating that you could not do so. Being outside of work, when you are expected to be there, even if you did work-related tasks whilst away, does not automatically mean you are still working. It either has to be covered under your contract, or have been authorised in advance by the employer. So whilst you may have incorrectly claimed payment for these occurrences, that does not automatically mean it is fraud.

Saying that, it does not really matter so much in terms of your employment rights in general.

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So the issue really is whether they believe this is gross misconduct (which can happen even if not fraud) and if you are due notice period. However, any dismissal itself cannot be legally challenged.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ask Your Own UK Employment Law Question
Solicitor: Ben Jones, UK Lawyer replied 4 months ago

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Ask Your Own UK Employment Law Question
Solicitor: Ben Jones, UK Lawyer replied 4 months ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,161
50,161 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

50,161 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
This year i left my job as a director of an electronics
This year i left my job as a director of an electronics company. I gave notice on 5th Feb and left on 2nd March. Since 2009 the directors of the company have been paid a bonus equating to 4% of compan… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
Would it be unlawful of us to postpone payment of a
Would it be unlawful of us to postpone payment of a commission amount as part of a final salary payment until the client had paid the bill and the placement had not resigned … read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
Ben, I would like to gain clarity on the situation below. I
Hello Ben, I would like to gain clarity on the situation below.I work in the hospitality sector in a hotel which is very successful. Last nigt the duty manager, employed for under a year, walked out n… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I work as an Interim Headteacher through a ltd company on a
Hello. I work as an Interim Headteacher through a ltd company on a daily rate. An agency introduced me to the school. I invoiced the school on a daily rate and this was weekly. I started on 22 Dec but… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
Does a P45 give reason for leaving? Salaried
are you there JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: yes does a P45 give reason for leaving? JA: Is the workplace "at will" or union? Is the job hourly or salaried? C… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I have got a disciplinary for sleeping on the job. I
I have got a disciplinary for sleeping on the job. I understand that it is a gross misconduct and affects the company health and safety regulations, but because I didn't realise I fell asleep does that still mean I will get dismissed? … read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I employ a nanny. In her contract it states that she is
I employ a nanny. In her contract it states that she is entitled to 4 weeks of annual leave a year. When she started the job 2.5 years ago we agreed verbally that 2 weeks would be of her choosing and … read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
Setting: private school. Teaching staff: 20 plus. One
Setting: private school. Teaching staff: 20 plus. One assistant teacher has just lost her 16 yo son in a tragic accident. She's been at the school over 5 years. Majority of the teaching staff genuinel… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
Ah yes i have a question really unsure as to whats going to
hi pearl! ah yes i have a question really unsure as to whats going to happen i'm afraid i might lose my job … read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I was put onto Gardening Leave for a month starting on
Hi, I was put onto Gardening Leave for a month starting on Friday, 23rd March. In the employment contract it states that the gardening leave will be for a month. I am not sure whether that means Frida… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
My husband is employed by a large national construction
Hi, my husband is employed by a large national construction company as a senior project construction manager 70k plus benefits. Start date October 2016. His company is contracted with work from a larg… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
My son has been made redundant and recently completed his 3
My son has been made redundant and recently completed his 3 months' gardening leave. Having then notified his ex-employer that he has found a job with a competing company, they said he was still bound… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I have 17 years continuous employment with my employer (due
Hi, I have 17 years continuous employment with my employer (due to TUPE several times). I have a home workers contract with my company and currently work from home 5 days a week and on call 24/7. My n… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I recently received a offer of an employment, at which time
I recently received a offer of an employment, at which time I informed my prospective employer that I was facing a disciplinary hearing for gross misconduct. They appeared supportive of my situation o… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
I am an employer and have just given up part of a contract
I am an employer and have just given up part of a contract which I took on 14 TUPE engineers. There are two engineers that should go with a new company with the contract. The new company is refusing t… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
What actions should an employer take if an employee who has
HiWhat actions should an employer take if an employee who has been off work sick for the last 4 months refuses to attend an occupational health assessment?There is a clause in the employees contract o… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
Ben, I hope you can clarify my query. I had taken 3 days
Hi Ben,I hope you can clarify my query. I had taken 3 days paid holiday from work last year. Late evening of the first day of my holiday I became unwell and have been signed off work since. Therefore,… read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers
A friend's 16 yo son has just died tragically. She is an
A friend's 16 yo son has just died tragically. She is an assistant teacher in the private sector. Legally how much time off work is she entitled to on full pay. Recently the school has allowed 5 days … read more
Ben Jones
Ben Jones
UK Lawyer
50,161 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x