Dismissal for Gross Misconduct possible criminal investigation

[Harlequin87]

Hi,
I really really really need help, currently not sleeping and feeling sick constantly.

I recently suffered a miscarriage and took time off work to recover, after a few weeks my boss harrassed me to go back saying that if i go over 4 weeks sick leave my case would be passed to a decision maker and I could face dismissal. Anyway I came back to work well before I was ready to and suffered for it. The pain was excrutiiating and I felt sick and light headed constantly (due to complications).

So I was at breaking point and I done a stupid stupid thing. I made up a fake medical letter saying I was going into hospital and needed time off for that. I signed it with a made up name and gave it to my manager.
The next day, I felt so bad about what I had done that I told my manager the truth (prior to recieving the leave) and she said it would be dealt with by internal governance.

Now they are advising me that what I done was commit fraud (which I understand) and I could face dismissal (which I also understand and expect) however now I have been told that there is the possibilty of my employer (HMRC) going down the criminal investigation route for fraud because I signed someone elses name.

My question is this, should I resign with immediate effect would the investigation stop? I dont mind being dismissed I just cannot have a criminal record.

Many thanks for your help x

[PAWS]

Re: Dismissal for Gross Misconduct possible criminal investigation

I am sure one of the expert beagles will be able to give you some sound advice about your work/legal situation but in the mean time I would advise getting yourself an appointment with your GP ASAP. I do not know if this is your first miscarriage but you cannot underestimate the effect this will have on your emotions. Now I am not for one second suggesting you have any mental health issues but you need to consider the following: A miscarriage will cause a sudden and significant hormone imbalance combined with a profound (even if subconscious) grieving. In the days, weeks and even months following a miscarriage depression and extraordinary behaviour are far more common than one might think. This will often result in the sufferer doing things which are out of character. The stress of this issue on top of the effects of the miscarriage may mean you need a little help from your GP just to get you through the tough hours- they may refer you for counselling or prescribe something to get you back to your old self.

[des8]

Re: Dismissal for Gross Misconduct possible criminal investigation

Please do as Paws suggested.
As a mere married male (with only second hand knowledge) I can confirm the unexpected deep and lasting consequences of miscarriage.
I can only guess at the amount of inappropriate pressure put upon you by an unsympathetic manager if you felt forced into taking the steps you did.
I wish you well.

[mystery1]

Re: Dismissal for Gross Misconduct possible criminal investigation

If you have given up hope of working there, i'd put in a firm grievance regarding the behaviour of your boss and mention the equality act.

This gives 2 options.

1. They may relent a bit. (doubtful)

2. You can set the motions of a tribunal case in motion. This also allows scope for a deal where by they agree to a sum in compensation but, probably more importantly to you, a chance to get an agreed reference and a promise that the matter is over.

Also visit your real doctor and make sure you tell them everything especially the stress you were under.

M1