Although the majority of staff are honest and trustworthy there may be occasions when as a manager you are faced with the problem of dishonesty, either within the workplace itself or involving the conduct of an employee outside of work.
When we think of dishonesty we instinctively think of people taking things of value, money or property, but a person can be dishonest without taking something tangible. For example, it may include fraud, falsification of expense sheets, stretching the truth and misrepresenting yourself in a CV or just spreading gossip, known to be untrue. Dishonesty can and does break trust, ruin relationships, careers and lives. For many employers the issue will come down to the seriousness of the dishonesty, and the course of action to be taken will be judged by the impact it has on that employee, other employees, customers and the Company.
Investigating a complaint of alleged dishonesty
As a manager conducting an investigation familiarise yourself with HR/Company policies or seek advice before starting the process. As a general guideline, the employee who the allegations have been made against should be notified this is generally done in writing. Throughout the investigations it will help to avoid confusion if you clearly document the case. Facts should be collated as soon as possible; this should include statements and any documents pertaining to the case. The employee should be made aware that they are entitled to have a representative at the hearing, and when the day arrives they must be given an opportunity to present their side of the case. Once all the facts have been exchanged and any evidence produced, the meeting should be adjourned whilst a decision is considered. Where the employee does not agree with the outcome of the hearing there is usually a right of appeal.
When dealing with any type of complaint of this nature it is essential that managers follow the advice outlined in the company policy, or information received from HR or Company investigators. This should include the following:
- Confidentiality should be maintained, and written documents/statements kept secure
- Managers should write an account of the facts as they know them, covering who, what, when, where and why
- The complaint should be dealt with objectively, and in a timely and thorough manner
- Allow the employee who is the subject of the investigation the opportunity to respond to the allegations being made against them
- Always be consistent in your approach, following a fair business process
Criminal offences outside of work
An employee should not be automatically dismissed when an offence has been committed outside of work or when someone has been taken into custody and there is a charge pending. Employers should take into account whether the offence committed is likely to make it unsuitable for the employee to remain with the Company. Consideration should be given to the nature and type of act committed, employee/employer relationship and the impact this will have, and the status of the employee and nature of the job.
Dismissal for previous convictions
Generally, when a conviction is spent, the employee does not have to disclose information about the offence to the prospective employers, and dismissal may be seen by a court as unfair. Should an employer find out an employee has a conviction which is not spent, this could be seen as good reason for dismissal, depending on the nature of employment and the reason for terminating the employment contract.
