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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have commited fraud by using my company cheque book for personal

Resolved Question:

I have commited fraud by using my company cheque book for personal use. The company guidelineis that if any personal activity is identified, disciplinary action may be taken. I am awarev this is a sever offence and I'm struglging to live with the guilt as I have a young family who I could not bear to be without. I want to tell my employer, but don't want to run the risk of contract termination, so was looking for alternative guidance or worst case scenarios if indeed found guilty.
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.

Ben Jones :

How long have you worked there for?

Customer: 12 months as of 20 May
Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Hello, sorry I did post back earlier but it does not appear to have registered so I will try again.


 


That main issue you will face here is going to be linked to your length of service. This is because 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 discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).


 


So the employer could easily and legally dismiss you without having to provide a fair reason and without having to follow any sort of procedure and you won’t be able to challenge it. This is really the worst case scenario.


 


Saying that, you just don’t know what the employer’s plans are and how they intend on dealing with this. They could be lenient, they could try and give you a second chance. This is especially the case if you are entirely honest with them, admit your gilt and shoe remorse for your actions. Then again, the risk is that you could easily be putting your foot in it and signing your own death sentence. The outcome is unfortunately completely impossible to predict at this stage – it depends on your employer and the people making the decisions, so it is highly subjective. One employer could give you a second chance, another cold go straight for dismissal. Nevertheless your legal position is as described above so hope this clarified your query?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Thank you for response - I may have to play the waiting game of being caught out and dealing with consequences then. I have relinquished cheque book, which is in my name to a colleague, so have taken done steps to mitigate risk etc.
Ben Jones :

ok that is good and you are correct in a sense that you may just leave things to see if the employer ever finds out and takes further action rather than plcing yourself in the sharks mouth straight away by admitting it

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