Suspended for suspected fraud.

Mr. Scott

Free Member
Jun 16, 2020
6
0
Hi. I wonder if anybody could offer some support/ advice to a predicament that I have found myself in. Apologies for the long post but I want to apply as much context as possible.

I work for a large logistics company. My role is largely a support role to a warehouse operation. For the last 10 years, myself and another guy have alternated weekends to cover the out of hours “on call” duties. For me a rate of pay was agreed around 10 years ago and then reviewed about 6 years ago where I was told it was not contractually agreed so the rate of pay was being cut. Needless to say I wasn’t happy but accepted it for what it was.

Since then a temperature monitoring system was upgraded as the product stored is temperature sensitive. So since then, when this temperature alarm goes off, I get a text message and have to log into a portal to address. I have always done this from home and then gone to site if action is to be taken.

In order to be paid, historically I just gave a number of hours to payroll and copied my manager and they would approve. I am now on my fifth manager since this system was implemented. At the back end of last year, I was asked to actually itemise each call as it had been flagged at an audit as “a bit sloppy” so I have been itemising all calls as a list including those from home, passing them through email to my manager for approval. This has been happening since October/ November time.

During January and February there was problems with the system which meant during my weekends in duty I was pretty much constantly in front of my laptop monitoring alarms. Of course, I was in discussion with my manager during this time as well.

In February my manager came to me and said that the number of calls from home had been flagged in a finance review and senior management were arguing that these should be built in to my daily “standing fee”. We had a discussion about it but he basically said he would pay that month but going forward, we need to create a rate card. He went as far as saying it’s currently non-contractual and that myself and the other call out guy seemed to be claiming different things. I.e we seemed to work to different rule about what is claimable and what isn’t. He said he would pay February but a rate card would have to be made up going forward and he would be in touch.

3 days later I was called to a meeting room and suspended for fraudulently claiming paid hours on top of my call out rate.
I feel I have done nothing wrong, though the benefit of hindsight says a documented rate card would have prevented this.

I attended an investigation meeting where I was asked about what had happened and what I thought constituted a call out. I mentioned my conversation with my manager and the meeting was adjourned so the investigation manager could go and ask my manager about it. It was the middle of May before I was called back again. During that time, I had no welfare checks, no updates. My pay was wrong and I had to do so much chasing to get it fixed. I was told the delay was due to the pandemic which I get but I don’t think that should negate the need to make a phone call and check in.

When I was called to my second investigation meeting, I was asked 3 questions and then told a decision would be made in a few days. In this meeting, one of the questions was evident that the investigation manager hadn’t read his notes from the first because it had been answered then. The other two were just to clarify a couple of points.

I then had a letter to say I had been put forward for disciplinary hearing for 2 reasons. The first that I claim differently to the other call out guy and secondly that I claim in a way that goes against the agreed informal process.

When I finally got my invite letter and evidence pack, the investigation manager had not asked my manager about our conversation nor had my manager volunteered the information. In fact he said he just took it over from my previous manager and assumed his staff were doing the right thing. He did acknowledge my busy period in jan and feb but also stated there was no process that he was aware of on what to claim. There were two other interviews from managers past and present that stated that a call out is anything outside of core hours but there was no process written and they’d had no training in how to process my claims. The final interview was with the other call out manager who said he didn’t claim for temperature alarms at home, was aware that I did but assumed I was working under a different contract so never asked why he wasn’t getting paid for home calls. The only other documents enclosed were an extract from the sheet I submit to claim payment for February only and and a issued log from the temperature monitoring system. I felt a bit aggrieved that after 14 weeks, the investigation was incomplete and what was completed was effectively the management saying they don’t know the process and they were just processing what they were told to by managers that had left the business.

When I was invited to the DP, I requested a different manager as I didn’t feel my own general manager would be impartial. The meeting was delayed by 3 days and a new manager was appointed.

When I got to the meeting with my union rep I was told by the DP manager that he didn’t really understand what was going on and could I explain in my words. I basically explained as I have here. While we were talking, I mentioned that I was a little aggrieved by the delay, especially when the information I provided at investigation hadn’t been followed up on. We adjourned for 10 minutes and when we got back, the manager said he didn’t want to do it but would have to adjourn as he clearly doesn’t have all the information he needs to make a decision and needs to interview everybody again himself. We are now at 16 weeks without any conclusion. I think it’s needless to say that this, in combination with the global crisis has really done my mental health no good at all, I’ve obviously earns less money too during this delay.

I’m really sorry for the long post but I’m really hoping people out there could give some advice on how to proceed further, what my next steps should be and maybe offer some professional thought on how this may play out based on their knowledge/ experience?.

Thank you in advance..
 
Is your union rep able to access specialist support?

Do your have family legal cover on your house insurance policy as this usually covers employment disputes?

Maybe @Newchodge can advise?
 
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Is your union rep able to access specialist support?

Do your have family legal cover on your house insurance policy as this usually covers employment disputes?

Maybe @Newchodge can advise?

Hi. Thank you for taking the time to reply.
I’m with GMB so I’m sure they will have specialist services to help. I will ask the rep.
As for the insurance, I didn’t even think to look at that.
Thank you again..
 
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In February my manager came to me and said that the number of calls from home had been flagged in a finance review and senior management were arguing that these should be built in to my daily “standing fee”. We had a discussion about it but he basically said he would pay that month but going forward, we need to create a rate card. He went as far as saying it’s currently non-contractual and that myself and the other call out guy seemed to be claiming different things

Maybe I have misread this.

It reads to me like middle management has developed a system which has evolved to permit you to claim for hours worked during weekends, this has been picked up and spat out by senior management, the goalposts have shifted, and you have been accused of fraud for following a process developed and endorsed by your line manager. Even more perversely, it seems that senior management's benchmark for their accusations against you seems to be the fact that the only other operative who shares the role, claims less than you, and NOT the fact that they allege that you have breached some rule. Is that right?

The protracted nature of the investigation supports the above, and both this, and the above, demonstrate the fact that process and communication are not your employer's strong points. Unfortunately for you, you appear to have become a casualty of their incompetence.

This view is based purely on what you have said above, but your account is detailed and demonstrates consistency in their behaviour, so I have gone further than I normally would in a post.

I would forget your union rep, who doesn't appear to be very effectual, and contact a lawyer. I would also recommend @Newchodge

Best of luck.

Dean
 
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Can understand a manager saying they don't know what's going on.
Reading through it the company doesn't know what is going on and is trying to fix it. Retrospectively.

It sounds like the process used has been open to abuse - not in any way suggesting you or your colleague abused it - but that the process is itself as you have demonstrated open to question.

Call me suspicious but I'd be thinking they want you fed up enough to resign, make their problem go away.
Last time I came across a wishy washy process open to abuse in a similar manner the investigation took over 2 years (local authority). The guy concerned had one hell of a holiday from work, albeit not great for mental health.
 
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Maybe I have misread this.

It reads to me like middle management has developed a system which has evolved to permit you to claim for hours worked during weekends, this has been picked up and spat out by senior management, the goalposts have shifted, and you have been accused of fraud for following a process developed and endorsed by your line manager. Even more perversely, it seems that senior management's benchmark for their accusations against you seems to be the fact that the only other operative who shares the role, claims less than you, and NOT the fact that they allege that you have breached some rule. Is that right?

The protracted nature of the investigation supports the above, and both this, and the above, demonstrate the fact that process and communication are not your employer's strong points. Unfortunately for you, you appear to have become a casualty of their incompetence.

This view is based purely on what you have said above, but your account is detailed and demonstrates consistency in their behaviour, so I have gone further than I normally would in a post.

I would forget your union rep, who doesn't appear to be very effectual, and contact a lawyer. I would also recommend @Newchodge

Best of luck.

Dean

Hi. Thank you for your reply.
Yes. There was an original written email that stated the rates for call out but the temperature monitoring came after that. In hindsight, I know I should’ve had the home calls agreed in writing but it’s been accepted under 4 maybe 5 managers since then. I’ve always claimed for the 6 years the system has been in. My itemising and listing of home calls came late last year following an audit but to be honest, in a normal weekend there would only be one or two, if any.
I think the problematic weekends have flagged a spike in cost and as you say, because the other guy doesn’t claim, I’m presumed to be in the wrong.
However, while I see perhaps a misunderstanding, I don’t see fraud. I email my submission through the company system to two managers. One of which will approve and process. This has been happening since the system went in and listed since the back of last year. I also have some open conversations with them that I’m working from home. So they are fully aware.
With regard to the union rep. He’s actually been very good and highlighted that there is no process, the company have acknowledged a lack of understanding themselves and also produced a document showing that across the business units estate different people get very different rate for “extra duties” even if the duties are similar. One example is that that there are 7 broadly different rates for first aides payments but no written agreement for any.
 
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Can understand a manager saying they don't know what's going on.
Reading through it the company doesn't know what is going on and is trying to fix it. Retrospectively.

It sounds like the process used has been open to abuse - not in any way suggesting you or your colleague abused it - but that the process is itself as you have demonstrated open to question.

Call me suspicious but I'd be thinking they want you fed up enough to resign, make their problem go away.
Last time I came across a wishy washy process open to abuse in a similar manner the investigation took over 2 years (local authority). The guy concerned had one hell of a holiday from work, albeit not great for mental health.

Hi,
Funnily enough, there was a conversation with the manager and myself a few weeks before this started where he was telling me them upstairs wanted to lose 3 heads, so I wonder if I’ve just been an easy target.
The reason that he told me was because he’d asked me to do some work to justify keeping bodies.
Also in the two weeks before my suspension, I had provided him with evidence of 5 people who were technically committing fraud by manipulating their break times. I didn’t hear anymore from him about it and to my knowledge, no action was taken.
 
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it’s been accepted under 4 maybe 5 managers since then. I’ve always claimed for the 6 years the system has been in.

.... AND for 6 years senior management has tacitly accepted it. On what you say, this is squarely down to them. Or has senior management just not exercised the necessary due diligence in their accounting, for six years? Either way, they end up looking incompetent.

Against a backdrop like that they cannot now throw this against you, and in any event, if they are acknowledging that they have dropped the ball, and that there are other examples of inconsistent charging for the same activities, how can they justify fraud accusations against you?

Are they also taking similar action against the other employees who are charging more in the other instances?

One thing is certain. As soon as businesses start hiring again, you'd be doing yourself a favour by getting a job elsewhere, preferably with an organisation that knows its A from its E.

Dean
 
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.... AND for 6 years senior management has tacitly accepted it. On what you say, this is squarely down to them. Or has senior management just not exercised the necessary due diligence in their accounting, for six years? Either way, they end up looking incompetent.

Against a backdrop like that they cannot now throw this against you, and in any event, if they are acknowledging that they have dropped the ball, and that there are other examples of inconsistent charging for the same activities, how can they justify fraud accusations against you?

Are they also taking similar action against the other employees who are charging more in the other instances?

One thing is certain. As soon as businesses start hiring again, you'd be doing yourself a favour by getting a job elsewhere, preferably with an organisation that knows its A from its E.

Dean
Hi.
You’re right, of course. I already feel like if I get through this then it will be very difficult to return.
In my last DP I did challenge my managers statement because he said he’s not aware of what’s going on BUT he gets copied in my emails but doesn’t do anything with them other than enter numbers into another system for financial review.
I stated that it wouldn’t be my place to make a judgement but he’s either made a mistake in his statement at best, or at worst, lied. My expense is his cost and he’s accountable for the costs at that site so he either is aware and has accepted the cost or he isn’t aware which should beg the question, why isn’t he?
I think my biggest worry is whether the company really can pull off summary dismissal?. I’ve done nothing wrong, their case is weak and they’ve handled this whole mess appallingly.
 
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Sounds like you are being shafted but you sound like you have a shed load of proof and you have always been following a system which then has to be approved by line managers so of you have had that many managers signing off on it and of they are now saying they do not understand the events of their business and have informal process's in place which should never happen in any large company. Sounds like you need to go legal big time. Fast.
 
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The fact your employer has paid you for the same consistently in the past will make such accusations very weak IMO.

Many years ago as a new manager I found a staff member stealing fuel, had been for years. I was going to call the Police and prosecute to set an example, but the owner was advised since he has written expenses cheques for six years, any such action would likely fail in court. I went with a “I accept your resignation” approach instead.
 
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So. Thank you all for your replies.
As I wrote my original post, I was due to to attend the second part of the DP the next day. (Wednesday 17th), I assumed with no invite and no further evidence that this would not be happening. At 22:15 the day before, I had a large envelope hand delivered through my front door with all the promised further interviews but no official invite to a meeting.
I have contacted my union rep and he’s assuming we should still attend unless there is anything of concern in the pack that we will need to review, in which case we request a reschedule.
I’m going to go in. I need this done. It’s nearly 16 weeks and with madness going on the world, I can’t keep thinking about this. I don’t think it will be the case but even if I lose my job, I know what I have to deal with.
However, my manager hasn’t been completely honest in what we talked about but does state that my submissions are reviewed for payment by his deputy. I have 8 months worth of my submissions showing home calls that have been paid and is very clear by his statement it is his job to review submissions. It’s very clear in all the interviews that once I submit my form, managers past and present don’t understand their process. It’s all very contradictory (cover my backside-ery).
Enclosed In the pack is an email from the first manager who agreed rates, who states that where possible, remote access is ok but will probably be rare. The increase in remote access came after this.
For what it’s worth, the product is pharmaceutical so I’m deep seated in the belief that if I receive an alarm, I am better responding from where I am in order to speedily protect the integrity of the product and therefore protect patient safety rather than potentially have to travel home to my laptop and then attend site. And 4/5 managers interviewed, while acknowledging that there is no current process, assume it would be fine to claim from home and this is the pattern they have followed for years.
Unless anyone can see a flaw in my plan, I’m going in tomorrow to ask why exactly I was suspended.
Assuming things work out and I have no case to answer, I will then be looking at how I can raise a dispute for unfair suspension and as one email to one of the managers requesting information explains I’m accused of defrauding the company, defamation of character.
I’ve worked in this company for 16 years with an unblemished record and a near perfect sick record.
I feel very aggrieved.
Thank you all that have taken the time so far to respond.. I really do appreciate your time.
 
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Thanks for all the recommendations.but my advice is simple. Talk to the union. If you are unhappy with your rep ask for it to be escalated as it is serious.
 
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