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RJM Law
RJM Law, Lawyer
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Experience:  LL.B (Hons)
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I try to make it clearer: 1. If a leaving form contains

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I try to make it clearer: 1. If a leaving form contains false info that I left work voluntarily and the manager completed it without me, how can the consequence of fraud paper and overpayments of salary be my responsibility?
Customer: replied 14 days ago.
In my idea I still have a valid employment contract, I have not finished it, employer has not send any paper to finish it - I just wait for redeployment.

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Customer: replied 14 days ago.
I try to make it clearer: 1. If a leaving form contains false info that I left work voluntarily and the manager completed it without me, how can the consequence of fraud paper and overpayments of salary be my responsibility?
In my idea I still have a valid employment contract, I have not finished it, employer has not send any paper to finish it - I just wait for redeployment.
Customer: replied 14 days ago.
Thanks if you can clarify it

Thank you for the question.   If you are of the position that you are still employed but they have stated that you left on a voluntary basis, but this is not the case, you need to raise a grievance ask them to prove this by way of evidence.  If they cannot then it may be a claim for discrimination.

What you require to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the  future,  please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

Customer: replied 14 days ago.
I have send e mails trying to clarify the situation. They don't reply. Just got an answer from payroll that as I don't work for company any more I can not rise an official grievance because I am not their employee anymore - can it be true? So no one obliged to talk to me or give any response. Should I report making fraud papers by managers to police - is it not a punishable offence? Thank you.

This wouldn't really constitute a fraud, however it can be used in evidence.  You only have 3 months from the date of the event to make a claim.  Therefore, I would strongly advise raising early conciliation with Acas, you could then potentially look at a claim for discrimination.

If you feel it would help I can offer a review via my own company, please note this would not be in anyway associated with Just Answer and any work done would be on a private basis.

Customer: replied 14 days ago.
Is making fake papers not illegal in the UK? If the term fraud was incorrect what would be a correct term if a person in position of authority, in this case manager, submits false info which results with devastating results to employee?
Customer: replied 14 days ago.
Three months will start counting from the day I got to know about that I have left ( 3 September 2021) or from the date on false leaving form stating left voluntarily on July 14 2021?

I get what you are saying and technically it is a fraud, but given that it is an employment dispute, the police are not likely to become involved.

It would be the date you reasonably became aware of this, which would be September, they may try to argue it was the July so I would move very quickly.  When you start conciliation the time frame "pauses"

Customer: replied 14 days ago.
basically no punishment for NHS managers making false papers? Any other authority I should report it, because it is unacceptable behaviour.
Customer: replied 14 days ago.
The asked me to pay so called overpayment by Sept 26. I cannot do this. What happens next from their side, actions?

They would have to take court action to enforce a payment.  There may be repercussions for the falsification of documents but that would be through the employer.

Customer: replied 14 days ago.
Don't they need to pay me until I am employed or going through redeployment? In this case do not NHS owe me unpaid salary for August and ongoing until the contract is finished by them on whatever reason? And then there is no overpayment like this existent?

That would form part of your claim. They are of the opinion you are not employed so do not requirer to pay you.

Customer: replied 14 days ago.
If no false leaving form, no overpayment has not occurred - does it make sense?

Yes I understand, but you will have to legally enforce this.

Customer: replied 14 days ago.
if Employment tribunal finds me to be right, do they need to pay backdated or I need to appoint myself the sum for compensation?

You will require to qualify your claim.

Customer: replied 14 days ago.
Do you think based on that you know so far my claim is strong enough to go through ACAS and Employment tribunal with success as a disability discrimination - should it be named a wrongful dismissal or unlawful dismissal? I am not in a position to pay NHS legal bills.

In order to make that determination the case would require to be assessed in full I am afraid.

RJM Law and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Ok but thank you anyway for your assistance and help. Will give you the maximum stars. Have a nice evening.