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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for a Authority/organisation, I am 99% sure that my

Resolved Question:

I work for a Authority/organisation, I am 99% sure that my line manager is buying products/items through the authority for his own personal use, some items have even been bought as one thing but when arrived was something completely different, something that we as a authority would never use. I am not sure how or what to do, as my line manager and his line manager are very close friends, I am also sure that they would close ranks and I would receive a very difficult time at work if this was to get out.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

5 years, only 12 months in my current post

Ben Jones :

What would you like to achieve in this situation so I have a better idea of where you stand?

Customer:

What i would like to achieve is a answer to whether it is illegal in what he is doing, and what my duties are as a employee. I am a honest person and hate to see anybody being dishonest. especially in my line of work.

Ben Jones :

ok but is he defrauding the company, is he using their money to buy items for his own use?

Customer:

yes, he also leases part of his premises to the authority for a monthly fee as to where all the items are kept, and used at his convenience.

Ben Jones :

If he is using company money or assets for personal gain, without having the authority to do so, he is potentially committing theft/fraud and this is also likely to be a misconduct matter from an employment perspective.


 


As an employee, you do not have the specific obligation to report this, especially as you are not implicated in it, but of course from a moral perspective you should advise your employer of this and let them carry out the necessary investigations and decide where to take this.


 


In terms of your own position in this, you are protected against unfair dismissal and general unfair treatment so whilst you may not be able to prevent your manager and his friends colluding against you and giving you a hard time, you will have certain protection in law.


 


For example, if they seek to dismiss you then you will be protected against unfair dismissal and they must show there was a fair reason for dismissal and that they had followed a fair procedure. Similarly, if they just engage in bullying tactics then you can raise a grievance to deal with this first and then also have the option of resigning and claiming constructive dismissal. Of course your rights will depend on what happens next, and until; we know how they will deal with this, if at all, you would not know specifically what to do and will need to evaluate your position over time.

Customer:

Thanks, XXXXX XXXXX any way of reporting this to a third party. I am pretty sure that an in depth audit would show the discrepancies, especially been a government authority.

Ben Jones :

Yes that is a possibility. If this is a government authority then there is likely to be a whistleblowing policy in place so you need to check that to see the steps to take in order to report such activities higher up or to a relevant party

Customer:

Thanks for your help.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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