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I am a permanent member of staff at an organisation and I…

Hi, I am a permanent...
Hi, I am a permanent member of staff at an organisation and I got a temporary job as an electoral canvasser in the same organisation.
I have been accused of completing 29 forms illegally electronically. Initially when I was asked I denied all allegations. They told me since I was a permanent member of staff they will notify HR but i felt very uncomfortable after wards and sent an email later on the same day saying I was indeed guilty and would like to come clean. I also said I was in breach of a high degree of trust. In my email I also said I understand this is a criminal offence and will definitely lead to my dismissal.
They replied to say they appreciate my email and was told to return the tablet which I have already done.
I am currently suspended from work pending further investigations.
Please I will appreciate if you can advise of my chances of not getting a dismissal? Probability of being taken to court? Or having a criminal record etc
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Answered in 5 minutes by:
11/22/2017
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,942
Experience: Qualified Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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How long have you worked for this employer for?

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Customer reply replied 7 months ago
I started as an agency in June 2016 and became permanent December 2016

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. In relation to the potential dismissal, your rights are very limited because you have no unfair dismissal protection within the first 2 years of employment. So they could very easily dismiss you, even if you had done nothing wrong or there was no evidence of any wrongdoing. You have however admitted the fraud you committed so they could use that as a reason to dismiss if they wanted to. So a dismissal is indeed a likelihood and not something you can challenge.

In terms of going to court, they could potentially sue you for any losses incurred from your actions but if you agree to repay anything you have gained from this illegally then there would be no claim for them to make.

Finally, the criminal aspect - if you had indeed completed the forms incorrectly and made a a gain from it, then that is fraud. They have the right to report it to the police, although they do not have to. Once the police has been informed it is very much out of the employer’s hands. So the main thing is to try and avoid them going to the police in the first place. I’d say this is best done by apologising for what you have done, expressing remorse, asking for a second chance and politely asking that they do not go to the police as it will have a serious impact for the rest of your life. As mentioned, if you have made a gain from this offer to repay them so that they feel they have no reasons to go to the police any further.

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

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Customer reply replied 7 months ago
Thank you very much for your response. I really appreciate.I have not received any payment for it when I was told to stop. So there has been no financial gain. Would that still be regarded as fraud?I have already pleaded guilty and sent an email to that effect. I was actually expecting an outright dismissal based on my confession but the letter I was given only said suspension & disciplinary investigation. Do you have an idea what else they may want to investigate despite my confession?Also in the letter that was handed over to me there is a paragraph that reads: once the investigation officer has heard your response to the allegations and completed there investigation the possible outcome is likely to be one of the following:
1. They may decide to take no further action
2. They may decide that it is appropriate to deal with the matter informally;
3. They may decide to deal with the matter under the procedure for managing poor work performance
4. They may decide to refer the matter to a formal hearing
5. They may decide to take some other course of action appropriate to the caseI have already confessed am guilty. Do you have idea of any kind of response they expect from me.Can you advise on what is the best way to respond to the questions they may ask me?

It could be attempted fraud, assuming your intention was to make a gain but it was discovered before you managed to.

I am not necessarily sure they will investigate anything else, unless they have any suspicions but I cannot comment on that as I simply do not know what they may know or are after. But I think they are doing the investigation and disciplinary to make sure they do everything correctly at their end.

It is impossible to tell you how to answer the questions without knowing what they actually are. As you have already admitted guilt it is best to be honest about your actions and answer these questions as honestly as you can but you will not know how to do that until you have actually heard the question to start with

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Customer reply replied 7 months ago
If they notify the police will I be sentenced to prison. How long?I don't know anything about this just want to know the worst to expect.It's going to be hard on my family. Currently have 2 dependent kids & a wife.What's the worst I will get in court & police in they choose to go down the route.

Please let me know what was the potential value had you been successful in gaining what you had intended? In the meantime also please leave your rating for the help so far so that I can continue with answering follow up queries, thanks

Ben Jones
Ben Jones, UK Lawyer
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Customer reply replied 7 months ago
The whole process would have been about £2000 or a little more

Thank you. Having spoken to a criminal colleague of mine they were of the opinion that whilst it depends on the circumstances, the likelihood if this was to be dealt with criminally would be a community service order

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Customer reply replied 7 months ago
Thank you very much. I hope it doesn't get to the police. I have told them the truth and just hope I can get a second opportunity if possible.I guess it's after there investigation I will know the final outcome of the case.

That's correct. So far they seem to be acting reasonably and I would also hope that they do not go as far as the police and just deal with this internally

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Customer reply replied 7 months ago
Thank you very much Ben. I have my disciplinary investigation meeting today by 2pm. Got the letter yesterday.I hope this turn out well. But will just be honest and plead since I already told them am guilty...

Thanks for the update and good luck

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