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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 4772
Experience:  Owner at James Bruce Solicitors
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Susspision of fraud on using forlough scheme incorectly

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susspision of fraud on using forlough scheme incorectly

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

How can I assist with the question.

Are you being accused of furlough fraud, or are you making an accusation that someone else is or has been committing  furlough fraud?

Customer: replied 13 days ago.
Hi james, good to talk to you.
Customer: replied 13 days ago.
i am making accusation.
this person been on furlough since March 2020 till this day I believe as it has been extended several times
Customer: replied 13 days ago.
this person lives in another country since the march 2020 and had no intention of coming back to work
Customer: replied 13 days ago.
not sure how to go about this. would his employer be interested ? will they want to speak to me about it ? where and how shall I take legal actions ?

If you suspect the employer is committing furlough fraud, then you are able to report this directly to the HMRC online and confidentially.

All allegations are taken seriously by the HMRC and are investigated.

Customer: replied 13 days ago.
Love this. i will definitely look into it.

Can I assist or clarify anything further?

Customer: replied 13 days ago.
just worried that the person is going to say, they couldnt come over to UK due to COVID restrictions. Not sure if they can proof he didnt have intentions or returning back.
I know for a fact that the person is also earning illegaly money abroad
Customer: replied 13 days ago.
thank you very much. I would very much like to tip you but I am literally dry, hence this forum is amazing.

A person can be on furlough from one employer and still work for a second, that is allowed.

Customer: replied 13 days ago.
in another coutry ?
Customer: replied 13 days ago.
why do they need the furlough from the major employer ?
Customer: replied 13 days ago.
sorry, just to clarify, its employee who i think its comitting fraud, not employer

It would be the employer committing the offence, not the employee. The employer is the person who claims the furlough payment not the actual employee.

Customer: replied 13 days ago.
aaaah, I SEE!
Customer: replied 13 days ago.
but what if employer didnt know the employee is away ?
Customer: replied 13 days ago.
didnt know the employee wasnt going to come back ?
Customer: replied 13 days ago.
just used the goverment help ?

That is a matter for the employer to resolve, the employee has committed no offence. The employer should know where their employees are.

Customer: replied 13 days ago.
ah ok, so in a way, the employee is laughing as the person in trouble is employer. So they wont be claiming money back and instead might be paying a fine

correct. The employer can tell the employee to return to work.

Customer: replied 13 days ago.
should really a big company know where all employees are ? who is there to check all of employees ?
Customer: replied 13 days ago.
i think the employer expects employees to be sat home and wait for their jobs to return to normal. That is simply impossible to check.

Supervisors, managers, HR department etc.

If you feel happier reporting the mater go ahead and do so, there is no fallout back on you.

Customer: replied 13 days ago.
shall i file the form with this company name or the individual employee ?
Customer: replied 13 days ago.
ah ok ,thats answers my next question, if it will come back to me.... for blaiming the wrong person

It is the employer you would need to report. The employee being away is a matter between the employee and employer.

Customer: replied 13 days ago.
right, ok, fair enough. i know you repeted yourself several times there so I am sorry.
Customer: replied 13 days ago.
i just want to say massive huge thank you from bottom of my heart. You have been amazing

Not at all, pleased to help.

Your very welcome

Can I assist or clarify anything further?

Customer: replied 13 days ago.
i think i had enough of investigating today, time to rest now. thanks ever so much. Good night

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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