Staff fraud and misconduct

Accepting that fraud and misconduct can be carried out by your (supposedly) trusted and loyal staff is always a difficult pill to swallow. Every organisation, irrespective of size or sector, will at some point (if not already) have to undertake investigations into staff fraud and/or misconduct. 

When investigating staff, it is sometimes difficult to demonstrate total impartiality and objectivity, and this can often play into the hands of trade union representatives and/or legal advisors. The 2015 case of Ramphal v Department for Transport has demonstrated this need for impartiality and has called into question the scope of HR involvement in such investigations.

Given the complicated nature of many of these investigations (ranging from misuse of IT systems to download/ view items contrary to your Usage Policy, theft of commercially or personally sensitive data, abuse of travel and subsistence policies, failing to declare conflicts of interest, etc.) delay, unfair treatment, inconsistency and failing to secure evidence correctly are just a few of the many pitfalls that can play into the hands of those seeking to turn a decision to dismiss into an unfair one. It is, therefore, essential that any investigations should be conducted, lawfully, timeously objectively and with total impartiality.

If you would like further information on how we help clients minimise the threat of fraud,  please contact John Baker.

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