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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am being wrongly accused of fraud at work. My employers

Resolved Question:

Hi I am being wrongly accused of fraud at work. My employers are asking me to prove an account that does not belong to me. I have handed in my notice due to the accusation and how deflated I feel as I have am a model employee. Where do I stand and can I ask for gardening leave? They have also made an accusation of me having an affair at work. I really appreciate your help
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

How long have you worked there for please?

Customer: Hi thanks I am asking on behalf of my brother. He has worked there for two years.
Customer: He is stressed and has gone to sleep
tdlawyer :

Okay, so if he has been there for 2 years, he has the right not to be unfairly dismissed.

tdlawyer :

But what you're asking is whether he can resign and walk away ...

tdlawyer :

and presumably, to then claim for unfair dimissal and/or wrongful dismissal.

tdlawyer :

Fraud is a serious allegation and the employer must have proper grounds to make that accusation against him.

tdlawyer :

If it does not have reasonable grounds, then yes, this may be a very serious breach of what is called the implied duty of mutual trust and respect, entitling him to resign and claim constructive unfair dismissal.

tdlawyer :

However, very few people are advised to do this, because it's always a hard claim to prove in an employment tribunal.

tdlawyer :

The better thing is often to go through the formal process and, if dismissed, challenge that at an employment tribunal.

tdlawyer :

This is an easier claim to make, because the burden of proof rests with the employer. If he resigned, he would have to provide his claim, with the burden of proof being on him.

Customer: Thank you so much. They are asking him to prove his innocence. Is this not for the employer to prove if it is untrue
tdlawyer :

The employer needs proper grounds to challenge him like this. If it has received some evidence that points to him, then to ask him to explain his position might be reasonable, but to suggest fraud is pretty serious.

Customer: Yes i understand he is so ill as he feels deflated. To clarify as my brother has resigned the burden of proof is on his employers.
tdlawyer :

No, if he has resigned, the burden of proof is on him - the employee.

Customer: They are also accusing him of having an affair and he feels as though they are on some sort of witch hunt so he just resigned as he had enough
tdlawyer :

That's what I was saying above, it's not usually the best thing to do - the better approach is usually to be dismissed.

tdlawyer :

Well, all things taken together, he may be able to justify resigning as he has.

tdlawyer :

It's often harder, but not impossible obviously.

Customer: He resigned before seeking legal advice which was probably the wrong approach but he was upset as he has worked do hard for the company and he feels as though they are trying to cause problems do he just wanted to leave
tdlawyer :

He has only 3 months from when he resigned to make a claim to the Tribunal, be he should speak with ACAS asap, as he should do this before he seeks to start a tribunal claim if he intends to do that.

Customer: He wants to leave with a clean break and doesn't want the hassle of constructive dismissal
tdlawyer :

He may be able to reach an agreement with them, but the way usually to do that is as a compromise to an unfair dismissal claim.

tdlawyer :

He could reach agreement without, but it's all about negotiating positions really, but then it depends on the people involved as there is no right or wrong approach to this.

Customer: He does not want to pursue a tribunal case as he is only interested in leaving and not helping his employers anymore as they are treating him badly
Customer: Sorry maybe we have our wires crossed. He does not want to claim for dismissal he just wants to know whether he can tell his employers to investigate and go on gardening leave or whether he is legally required to prove his innocence
tdlawyer :

Has he resigned with notice, (i.e. is he still working with them) or has he said he doesn't want to be there anymore and just walked out?

Customer: He has resigned and is on three months'' notice as he is the head or ecommerce. He is going to work but I told him as he is ill he should go to the drs
tdlawyer :

Yes, well you're right, he could do that and go ill now if he is ill. if he's thinking he might be off for 3 months though, he's going to need a doctors note to be able to justify it.

Customer: They want to hold meetings with him but I said he needs to get legal advice as I am sure the onus is on the employers to prove and the employee whilst cooperative is not required to discuss the case further if they are making these serious accusations
tdlawyer :

Alternatively, he could ask for the time as garden leave as you say, but it looks odd doesn't it if he asks, they say no, then ge goes ill!

tdlawyer :

It's worth him speaking to a solicitor and getting some letters written perhaps for him, which should help him do a deal with them which gets him out of there quickly with the best possible pay-off.

Customer: Yes I agree. He is ill and I have never seen him depressed I think it is because he put his life into his work and was so happy there but this has dented his pride and he thinks the office are talking about him as he has a good reputation
tdlawyer :

You can't gag people really, so there is probably little he can do about what they're saying, but he might be able to agree a reference and perhaps a statement to the workforce about the reason for him leaving.

Customer: He said I do not know how to prove my innocence as he is not having an affair or taking unlawful money but they are asking him to do this
tdlawyer :

If he is depressed and ill, and cannot work, then he is unlikely to be fit to even engage in addressing their questions at all. Again, speak to the doctor about this.

tdlawyer :

But you don't have to prove innocence, the employer has to show that they have reasonable basis for believing he has done the things he is accused of.

Customer: Yes that I understand but I still do not understand legally is it his requirement to prove his innocence if his employer is making a false accusation
tdlawyer :

No, he doesn't have to prove his innocence.

tdlawyer :

The employer has to prove his guilt.

tdlawyer :

In simple terms.

Customer: Ok thanks so if they accuse him legally what must they do to take the matter further given that only informal discussions have taken place
tdlawyer :

All they can do is dismiss him. But they will no do that if he is off ill and leaving soon anyway.

tdlawyer :

It would be stupid of them to do that.

tdlawyer :

Because they make the claim against them (if he did pursue it!) easier.

Customer: Gosh you have put our minds at rest
Customer: I really want to appreciate what a great service you have provided and what good deeds you have done
tdlawyer :

Thank you very much!

tdlawyer :

Good luck to you both.

tdlawyer :

Please remember to rate the service for me before leaving :)

Customer: An excellent service. If my brother should require more advice how can he come back and speak to you?
tdlawyer :

Just come back and post a question marked for my attention.

Customer: I will definitely rate this service. Thank you so much have a lovely evening. Sorry will this chat be sent to my email address so I can forward it onto my brother?
tdlawyer :

I can ask customer services to email it to you once you've left the chat (as if I do it before, it will cut you off).

Customer: Ok that's great I will rate you now. Thanks so much and good night.
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