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I logged some claim for overtime through the internal work system. However, I had not worked any of those hours.
i did not think they would get authorised anyway.
They did.
I resigned and wrote a letter stating that I am willing to pay the money back asap.
However, a senior manager has started a factfind investigation and disciplinary hearing.
Now, I've handed my cheque into union. But the manager has stated that he wants me to respond to the allegation of fraudulenty claiming overtime for hours not worked.
In an earlier letter, i already explained the whole situation.
He is threatning me or scaring my by saying, "I want to deal with it in-house, but If i don't get a response to the allegation, I will have to take it to Fruad & Security"
I just want to know even if he did take it to F&S, will they bother pursuing me despite the fact that Ive already handed a cheque in for the amount and made a payment.
im no banana, but you commited an offence, yes you owned up, but you still commited the offence, i suspect that if they wish they could prosecute - sorry, thats my angle
You've resigned, you're not an employee... How can they discipline you??!
You've repaid the money in full too, so that should be the end of it shouldn't it?? What can F&S pursue for if paid back what you "stole"?
I'm sorry, but I can't help but feel there's more to this than you're saying. I think you need to go back to the Union and explain what's happening, contacting ACAS might be an idea too... Acas - How can we help?
Good luck with it - Dave.
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Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
I just want to know even if he did take it to F&S, will they bother pursuing me despite the fact that Ive already handed a cheque in for the amount and made a payment.
Hola Pablo
For me there are three distinct issues here:
1) If the company pursued you through the civil courts then any likely award would be to compensate them for their actual loss i.e. the amount you have paid them back by cheque. Thus, this route would seem unlikely considering you have paid this now.
2) By F & S, I presume you mean some kind of criminal sanction? If so, I doubt the CPS would pursue a prosecution in a matter such as this - would that really be in the public interest?
3) If you are accused of a disciplinary offence whilst at work, and then resign before the internal disc process is completed, then the company has an obligation to allow you to have your disc case heard. Thus they may be saying they want to continue the process for this reason.
Thus, write back to them, making it clear that you waive your rights to attend any disc hearing and that you will not participate in any disc investigation because you have resigned and admitted the offence.
At least then the company are covered from a future allegation from you that they commenced a disc process and did not offer you a fair process etc
That should sort it.
Che
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I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
I have not paid them YET. However, I have said from day 1, I will pay them immediately.
I have been co-operating.
I told them from Day 1 that i will pay monies back immediately.
What annoys me is the fact that the investigating manager is always reluctant to express any communication in writing.
Now, he has said to me over the phone, that when I make the payment, and submit a response in writing to the allegations, he will deal with the matter "in house".
However, my union have advised me to ask him to send an email to myself as well as a letter to state that "upon receipt of payment and letter, X company will not be taking this matter further"
However, he keeps saying isn't my word good enough and I just don't trust this manager.
Now, Im going to ring the manager tomorrow and say that the cheque is in my hand and ready to send to union, but before that I want an email or letter to myself or union stating that when i make a payment, this is the end of the matter.
Also, another thing that has annoyed me is that, one of the team managers there explained my situation to a fellow colleague...Im going to ring him tomorrow and say I'm not happy with this leak. I know this because a friend rang me and enquired about this.
I agree with you elche, why would Internal Fraud and security want to puruse matter when im willing to pay because it'l be more hassle to them.
However, this manager is awkward and he's ****ed off because he didn't get to sack me because I resigned
However, my union have advised me to ask him to send an email to myself as well as a letter to state that "upon receipt of payment and letter, X company will not be taking this matter further"
Sounds like good advice to me
Best of luck
......................... ......................... ....................
Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.
I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
However, i will include your quote in my letter: you waive your rights to attend any disc hearing and that you will not participate in any disc investigation because you have resigned and admitted the offence. Although may change the admitted the offence bit
Fraud & Security issue at work
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Originally Posted by Pablo1
