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Dismissed by employer for Gross Misconduct of Internal Fraud

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  • Dismissed by employer for Gross Misconduct of Internal Fraud

    To try and be brief my wife worked for her government department employer for 14 years with no issued at all and was thought of highly. From Jan 2017 she started to get bad stomach pains which turned out to be gall stones. This became severe in July 2017 and was referred for surgery which was scheduled for december 2017. Until then she was given regular prescriptions for co-codomol and solpadol to assist with the pain. It was during this time the issues came about.

    Every 4 weeks she is to send a complete flexi hours sheet with her worked times to her manager to be checked to pick up on any discrepancies and work back any time due back to the business. From July 2017 until December 2017 she had 4 different managers and not one who checked these sheets when they were being sent. She was then given a new manager in February 2018 who noticed the errors and traced them back to July 2017 when the medication started. It was referred for investigation and deemed deliberate fraud and dismissed without notice. The errors occurred as she had entered hours worked into a credit field instead of a debit field by mistake however during this time she was very confused with the medication and was not willing to take any more time off work as was already on a stage 1 working for sickness due to the gall bladder pain.

    Managers guidance states quite clearly on more than one occasion that the sheets are to be checked every 4 weeks to allow the employee the opportunity to work back any time, however as this had been going on for months they have disregarded the medication and her 14 years service. Even though they agree that managers should be checking it every 4 weeks they have advised that ultimately its the jobholders responsibility.

    We have appealed and lost and are in the process of taking it to tribunal, however thought it would be interesting to get anyone else opinion on the matter
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  • #2
    Is it included in the hearing/s documents that that she worked under medication to assist with pain control, during that period, because she feared that taking further time off sick would put her job at risk and that both of the prescribed medications caused drowsiness (a known side-effect of both these drugs) which could explain her lack of attention on the forms?

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