Tuesday Q&As

15.8.24

• Dismissed for falsely claiming overtime, but I think the investigation was unfair.

• If I work overtime I have to clock in in someone else’s name. Is that right?

• Moving abroad on a new contract and then dismissed. What can I do?

• Dismissed during extended notice period. Do I have a claim?

• Sacked for gross misconduct because of a refusal to sign a non-competition clause.

• Sacked for non-attendance at a meeting due to being in hospital

• Query about mileage allowance and travel time in new job

• Can my company make me work over my contracted hours?

• Am I entitled to paid time off to attend interviews during my redundancy notice period?

• Can you use a company vehicle for private use in a dinner break?

  ---

Dismissed for falsely claiming overtime, but I think the investigation was unfair.

Q. I got dismissed because I left work around 5 hours early on an overtime shift due to my mum taking a fall in the middle of the night.  ( call log to prove ) I left with permission. I booked the full 12 hours overtime due to it being common practice. 

During the investigation I gave them a list of names and number plates of people who have done exactly the same. This information was leaked,  I suspect from the note taker,  because his name was on the list. When the leak got out I asked the investigator to investigate on two occasions via email,  which he replied and said he would.  This was not done.

When I got my disciplinary invite from HR I asked for an update on the leak.  This was ignored and the meeting was put back 5 days. When I asked for an update at the beginning of the disciplinary they said they wasn't there to discuss that.

Do you think I have a good appeal on the investigation being unfair? Defamation of character. Injury to feelings.  Had to go sick due to fear of retribution,  I had high stress and anxiety. 

A. Let’s start with the investigation. Your employer has a duty to investigate the alleged wrongdoing, which, in your case, is leaving work early and claiming for overtime you didn’t do. That is serious, and it would be reasonable to dismiss you for gross misconduct. You have a good reason for leaving work early, but that does not mean that it provides an excuse for claiming pay that isn’t due.

Your mitigation is that other staff have done the same. That is for your employer to investigate. It may be that other staff will be dismissed, too following individual investigations. If it is established that they also claimed for pay they were not entitled to and were not subsequently dismissed, you could argue that it is unfair because there has been a disparity of treatment. That will not make your investigation unfair though - just the sanction.

As for your potential claims, I’m afraid they are non-starters. Defamation is a high court action which is prohibitively expensive to pursue and injury to feelings could not be actionable in this case because it would not be a discrimination claim.