Employment law help

[Pseudonym Number 1]

Is a false accusation of fraud enough for a constructive dismissal case?

 

[Black Cat Gypsy]

Hang man! I know Ross has slipped up but I wouldn't call him a fraud!

 

[Pseudonym Number 1]

Bollocks sorry was meant for the smb.


@The Voice Of Reason could you move this for me please?

 

[Grumpy Old Man]

It's possible, if the employee feels that being accused of fraud makes their position untenable.

 

[two left feet]

Is a false accusation of fraud enough for a constructive dismissal case?

Didn’t know Jimmy Carr was a MLF?

 

[gretzky]

Is a false accusation of fraud enough for a constructive dismissal case?

In my opinion yes, for the reason given by Grumpy.

You would need to show clear evidence that there actually has been an accusation

 

[Pseudonym Number 1]

In my opinion yes, for the reason given by Grumpy.

You would need to show clear evidence that there actually has been an accusation

So it would need to be in writing.then, currently her word against his.

 

[Grumpy Old Man]

So it would need to be in writing.then, currently her word against his.

Not necessarily, if there were witnesses to the accusation. Taking legal advice would be pretty essential. If your friend is in a union, they could help with this.

 

[The Breen Machine]

Was the accusation fully investigated and discovered to be unfounded in accordance through a fair and consistent process?

 

[viccarlton]

Not necessarily, if there were witnesses to the accusation. Taking legal advice would be pretty essential. If your friend is in a union, they could help with this.

Nah, unions are a waste of time.............I read it on here.

 

[Pseudonym Number 1]

Not necessarily, if there were witnesses to the accusation. Taking legal advice would be pretty essential. If your friend is in a union, they could help with this.

No witnesses one on one behind closed doors.

Was the accusation fully investigated and discovered to be unfounded in accordance through a fair and consistent process?

Only just happened

 

[Grumpy Old Man]

No witnesses one on one behind closed doors.


Only just happened

Very difficult to prove, I'm afraid.

 

[Pseudonym Number 1]

Very difficult to prove, I'm afraid.

So I need it in writing then.
OK cheers.

 

[The Breen Machine]

No witnesses one on one behind closed doors.


Only just happened

If a company has reasonable belief that fraud or any other offence has been committed but a thorough investigation has been unable to substantiate any allegation and as a result the employee had no action taken against them, I'd say that this was not a case for constructive dismissal unless confidentiality had been broken along the way, leading to reputational damage.

If it's a case of some finger pointing and one word against another, I'd seek legal/union advice as this could still result in reputational damage and deformation of character, but could be difficult to prove from either party.

 

[Deleted member 40035]

Not unless it’s gross misconduct.

 

[Tank]

Constructive dismissal cases rarely succeed, Especially if the person doesn’t walk at the time. It may also depend on whether the person making the allegation knew it was fraudulent at the time, and if their actions fell into the band of reasonableness

 

[Pseudonym Number 1]

If a company has reasonable belief that fraud or any other offence has been committed but a thorough investigation has been unable to substantiate any allegation and as a result the employee had no action taken against them, I'd say that this was not a case for constructive dismissal unless confidentiality had been broken along the way, leading to reputational damage.

If it's a case of some finger pointing and one word against another, I'd seek legal/union advice as this could still result in reputational damage and deformation of character, but could be difficult to prove from either party.

There's been no investigation, a line manager has made an accusation on the word of a senior manager that fraud has taken place yesterday. There is no evidence to back up this accusation.

Constructive dismissal cases rarely succeed, Especially if the person doesn’t walk at the time. It may also depend on whether the person making the allegation knew it was fraudulent at the time, and if their actions fell into the band of reasonableness

The employee has verbally requested to hand in their notice. This is all going off the word of a senior manager.

 

[The Breen Machine]

There's been no investigation, a line manager has made an accusation on the word of a senior manager that fraud has taken place yesterday. There is no evidence to back up this accusation.


The employee has verbally requested to hand in their notice. This is all going off the word of a senior manager.

Do they know what next steps are? i.e: disciplinary?

 

[Pseudonym Number 1]

Do they know what next steps are? i.e: disciplinary?

Yeah allegation made and punishment metted out immediately.

Further meeting tomorrow apparently to discuss next steps.

 

[The Breen Machine]

Yeah allegation made and punishment metted out immediately.

Further meeting tomorrow apparently to discuss next steps.

Would definitely look to seek legal advice, no investigation carried out, no due process followed. Was the so-called hearing even recorded?