Fraud - using company name

[spaniel12]

I will keep this short:-

A mechaninc at a garage has been servicing his friends cars in his own time and not on the garage site and has stamped the service book with the garages stamp they use to stamp service books to say its been serviced by the garage. A few of the car owners have been approached some say nothing and 2 have said they were approched by mechanic and was led to believe it was being serviced at the garage.

It came to light when a car came in for service and receptionist noticed that the stamp didn`t have miles and date written on it and when checked no service was on the computer system, other than ones that had written details on.

The mechanic is allowed to service cars in his own time which he has done and the garage know about when he was approached about this it was denied.

He`s terrible with sick days and the company want him removed from their employment.

Can he be sacked with out any come back for unfair dismissal?

 

[Bob]

Can he be sacked with out any come back for unfair dismissal?

No
Have a look at the ACAS website and get your friend to speak to them or an employment consultant/lawyer before he does anything

 

[Newchodge]

No one can be sacked with a guarantee of no comeback for unfair dismissal.

Carrying out a full and proper investigation and a fair disciplinary hearing, following the employer's proper procedures and allowing the right of appeal mean there is less chance of a claim of unfair dismissal.

How long has the mechanic been employed?

 

[spaniel12]

He`s been employed 9 yrs - thanks for the replies they are seeking advise from ASCA and from their insurance company, do they have grounds for dismissal for this act?

 

[Newchodge]

"The mechanic is allowed to service cars in his own time which he has done and the garage know about when he was approached about this it was denied."

It depends on what you mean by this as it doesn't make much sense.

If the garage were aware that he was doing work in his own time they certainly can't sack him for that.

With regard to his using the garage stamp, it depends on the outcome of the investigation, but it is possible this is grounds for dismissal.

His being terrible with sick days is a completely separate issue and should be managed using the sickness absence procedure, if they have one.

 

[FirstClassVirtualOffice]

Surely using the stamp is fraud if he just took it and used it without any permission to do so. He was impersonating this company to benefit financially. Gross dismissal if that was the case i'd have thought.

 

[beasty]

If he is representing the service as being done by the garage rather than himself then that is a pretty big deal! Fraudulent Misrepresentation and i have zero doubt you can fire him if you can prove this.

Being sick etc is its own thing and separate.

I would be more than a little pissed if i went back for another service and was told i was not on the system as the guy was not working for the garage when he billed me although my service book has a stamp!

What does the car owner do when he comes to sell his car?

Full service history with stamps *By the way one stamp is not actually genuine as it was a self employed mechanic who ahem borrowed the stamp!!

 

[spaniel12]

They don`t have issue with him doing services etc in his own time but using the stamp in the service book to look like the garage had done the service they do!!!!. He stamped the service books and was not given permission to do so, the receptionist is the only person who stamps the service records the mechanics have job sheets with whats to be done on the service and printed notes of last work done on the car. So he has no access to the stamp in the workshop so would never have been given permission to use it.

 

[Newchodge]

They don`t have issue with him doing services etc in his own time but using the stamp in the service book to look like the garage had done the service they do!!!!. He stamped the service books and was not given permission to do so, the receptionist is the only person who stamps the service records the mechanics have job sheets with whats to be done on the service and printed notes of last work done on the car. So he has no access to the stamp in the workshop so would never have been given permission to use it.

Then how did he get it? Also, how do the employers know which owners have done this deal? I understand how 1 came to light, how do they know about the others/

Again, the fundamental issue for them is to hold a proper investigation and (if appropriate) a fair disciplinary hearing.

 

[missdetermination]

Not sure of the legals but came across your post and thought would share my experience. I used a cleaning company for a one off tenancy clean, they were all legit, gave company literature and receipt. I had illness so didn't see final result until letting agents contacted me advising house not deep cleaned. I called company and they knew nothing about it...turns out an employee was using equipment and company name for weekend work. No one would have been non the wiser if he had actually done a good job. The company were rude, unhelpful and aggressive with us resulting in us having to get another contractor in and the police were involved. I'm not sure of the outcome as I refused to aid the case in court, I gave unofficial statement with police but after the aggression from the company I was going no where near them! It's a pretty big deal and was taken very seriously with employee instantly dismissed....not sure of ins and outs and how long he had been with them tho.

 

[FirstClassVirtualOffice]

You can get stamps made up online for a few pounds. Probably got a copy of the stamp details then got one made!