Exaggerated work expense claims

[Timetogo]

I have been really stupid and would really appreciate some help and guidance.

Last week, my expense claim was queried by the expenses team via my boss who spoke to me about it. In addition to genuine claims, I had made claimed for expenses that I should not have claimed for.

Background

Around 18 months ago (Christmas 2013), my personal life started falling apart - everything that could have gone wrong, went wrong - my mother who I am really close to was seriously unwell, I split up with my long term gf (6 years), basically my personal life fell apart. It was widely known in the department that my personal life was in turmoil, my boss and their boss were also aware.

As a result, my mental health started suffering and I took to serious drinking and subsequently developed a gambling addiction. As a result of my twin addictions, I started raking up serious amounts of debt. To keep my head above water and to try to snap out of the spiral, I started exaggerating my expense claims. I persistently claimed for train fares that I either didn't take or took for personal trips. In the period that I started making these claims, I stopped submitting receipts and documentary evidence (for both genuine and exaggerated claims).

Last week, when my most recent claim was queried I immediately confessed to making exaggerated claims. It has been a real relief as I don't have to live a lie any more and potentially put an end to the spiral. As such, have been open about all the other claims that have been made in the last 18 months. The exaggerated claims amount to c£20k. I have offered to pay back the amount

The firm is investigating the exaggerated claims and I have been suspended pending the outcome of the investigation.

Organisation, work history and expenses policy

I work for a large professional services organisation and I have been working here for the seven years and belong to professional institutes. I was regarded as a high flier and have had a clean disciplinary record. I have a three month notice period.

The expenses policy is pretty detailed, key points summarised below:

• Breach of the policy is potentially a disciplinary offence which could lead to a written warning or dismissal;
• Firm may be required to report breaches of the policy to its regulators and other relevant authorities and that this could lead to an external investigation and disciplinary consequences. In addition, certain breaches of the policy may amount to a criminal offence in which case the Firm will involve the police;
• Firm will take all steps to recover any amounts falsely claimed;
• Must not claim expenses for costs that are incurred but that are not directly related to the performance of work responsibilities;
• All claims must be supported by appropriate documentary evidence; and
• Where a claim is submitted without relevant supporting documents, the claim will be investigated and escalated where necessary.

Questions

• I am clearly in breach of the expenses policy and it is a disciplinary offence. However, are there any mitigating factors (my mental health, addiction issues, my confession about the claim and other claims, my open and collaborative stance) which may prevent me from being dismissed for gross misconduct?
• Is this likely to be reported to the Police and if so, how likely am I to face prosecution? Would the CPS consider the mitigating factors? If I am prosecuted, does anyone have any indication of what the punishment is likely to be?
• Given I did not submit any receipts, does that mean that I have not made any attempts to conceal the exaggerated claims?
• Should the fact that I haven't been submitting receipts been picked up by the Firm?
• I have been told that if I am dismissed for gross misconduct then this would be noted on my references, can they do this? Additionally, does resigning before the investigation is completed make any difference? I offered my resignation immediately when the claims were queried but my boss has said that it is likely to be rejected.

I do apologise that I have posted a detailed post and have asked a lot of questions but given the severity of the (self inflicted) situation I feel I have no choice.

Thanks for all your help,

TTG

[teaboy2]

Re: Exaggerated work expense claims

Questions

• I am clearly in breach of the expenses policy and it is a disciplinary offence. However, are there any mitigating factors (my mental health, addiction issues, my confession about the claim and other claims, my open and collaborative stance) which may prevent me from being dismissed for gross misconduct? - They may well take in to consideration the mitigating factors and give you a final warning, and not report the matter to the police, along with agree a re-payment plan with you. They will also take into consideration your admitting to everything, even the expenses claims they weren't aware off. Though they could still dismiss you and seek repayment, as well as call in the police, as 20K is a hell of a lot of money, and what you did was a criminal act under the fraud act 2006. They will also take in to account your work performance and past clean record, and consider the benefit of keeping you as an employee.
• Is this likely to be reported to the Police and if so, how likely am I to face prosecution? Would the CPS consider the mitigating factors? If I am prosecuted, does anyone have any indication of what the punishment is likely to be? - Given the amount you claimed in false expenses claims was 20K, then it is a very real possibility and you will likely end up in court for it (though that's if the company decide to involve the police). The court will likely take in to account the circumstances, though you will still end up with a conviction and at the very least a suspended sentence and ordered to pay back the money in compensation. Though jail is also a real possibility. But the judge will likely seek a psychological report in to your mental health, which will probably make it less likely that you will be jailed. Also if its your first offense, then your less likely to be jailed also. But unfortunately it is a very real possibility that you may be jailed for a few weeks or months!
• Given I did not submit any receipts, does that mean that I have not made any attempts to conceal the exaggerated claims? - No, by not submitting the receipts you had in fact deliberatly concealed the exaggerated claims. Basically if you had given the receipts, they would have spotted what you were doing sooner. Though the company will no doubt be concerned why, since you hadn't submitted the receipts, you were still reimbursed for those expenses, which indicates a failing in their accounts/expenses department!
• Should the fact that I haven't been submitting receipts been picked up by the Firm? - Yes since they should not have reimbursed you for expenses where receipts where not provided. But that's a failing in the accounts/expenses department as someone clearly wasn't following procedure. However it doesn't change the fact you did what you did, and took advantage of the fact they still reimbursed you even if you didn't submit the receipts!
• I have been told that if I am dismissed for gross misconduct then this would be noted on my references, can they do this? Additionally, does resigning before the investigation is completed make any difference? I offered my resignation immediately when the claims were queried but my boss has said that it is likely to be rejected. - Yes they can put that you were dismissed for gross misconduct as that would be accurate, therefore the reference would be accurate. I think the fact that they would likely reject your resignation could mean they value you as an employee, so it could be a good sign. Though equally it could be a sign they want to fully investigate and report it to the police and even if you did resign and they rejected it and you refused to accept their rejection (i.e. resigned on the spot) they can still continue the disciplinary process and still dismiss you!

I do apologise that I have posted a detailed post and have asked a lot of questions but given the severity of the (self inflicted) situation I feel I have no choice.

Thanks for all your help,

TTG

Basically its 50/50 am afraid. All you can do is see this through to the end and hope for the best. What you did was a criminal act, and the mitigating circumstances, whilst understandable, don't change the fact what you did was wrong. So there's no real advice to give that could get you out of the situation am afraid!

[jon1965]

Re: Exaggerated work expense claims

Lets concentrate on getting the best result, it is no good crying over spilt milk now or worrying any more than you have to over what may happen.

Have you been to see your G.P. , are they supportive, as you are suspended are you fit to face a disciplinary?