Timesheets Copied and Modified by Recruitment Firm - Acceptable Practice?

Timesheets Forged by Recruitment Agency!

Didn't find your answer?

Dear All,

Slightly off the normal subjects of tax and general accountancy!

I've got a bit of a problem with a large recruitment agency used by one of my clients (I know... I warned him against doing such a thing but, he was desperate).

Basically, I have been handling the agency timesheets on his behalf as he simply doesn't have the time to do it. I've been checking the hours, filling in the time sheet, signing it, scanning it and emailing it to the agency. All seemed to be going well until I went on holiday! At this stage, no time sheets were sent as there was no one to send them. Indeed, neither my client (nor the agency worker) has access to the drive where I have stored the time sheets as they are on the computer in my office (not their's).

I have now received invoices from the agency with time sheets attached which have been surprisingly signed by me! As I hadn't sent any in the first place, this seemed very odd! However, after considerable further examination, I have found that 2 previous timesheets bear identical signatures, identical writing (in my hand) for my client's company/ address details and in one case, identical text for the hours. Indeed, all that is different is the name and date of birth of the agency worker (the person was different to the original worker on my timesheets). Oh and the sign-off date on both are now blank - imagine an accountant who doesn't follow up a signature with a date as a matter of course - I know I always do!

Anyway, I'll get to the point... it is clear the agency has copied previous timesheets, removing (using Tip-ex I assume) the irrelevant information before resubmitting them with the new (most recent) invoices. The documents speak for themselves!

Now, I have contacted the agency's office with whom we have had direct dealings and they have stated clearly that this is just a misunderstanding, that the timesheets were submitted by the worker and they have followed their procedures entirely throughout. They have stated that the timesheets sent were issued in error (depsite the fact they have been blatantly modified to reflect the "new" data). Furthermore, they state that they had been chasing the timesheets for 4 weeks yet, the invoice date is only 7 days after the timesheet date! Clearly, I am not satisfied with their response and have escalated it through their complaints procedure. If I hear no more, I would like to escalate this further - not for my client but, to protect the many thousands of customers of this agency who, through one reason or another (generally through size and hierarchy), would probably not identify this type of issue. 

However, and this is the crux of the matter... how should I escalate it? Should I:

 - Report it as fraud? But to who? Furthermore, the recruitment firm are clearly of the belief that this is not fraud, is not illegal and is actually correct, moral and ethical!
 - Post the exact details of what they have done on here and name and shame the recruiter. However, is this ethical? Is it slander/ libel? Would the recruitment firm be able to sue for misrepresentation?
 - Go to the press? But again... ditto the above.

My main issue is not whether my client needs to pay his invoices (that is a secondary issue and, in all honesty, I agree with the hours reported and had an unsigned timesheet been submitted, we would likely pay without question - once verified of course). Of greater importance is that there is a very high probability that other customers of the agency may be being invoiced incorrectly through what I believe to be very underhand methods!

Any thoughts would be very welcome. It would also be good to know if anyone has come across a similar issue. If you've not got anything to add, my advice is to be extremely vigilent in checking whether agency invoices and timesheets are identical to ones you have issued or whether similar "photocopying, tip-ex-ing and overwriting" practices are being adopted!

Thanks for reading and for your feedback!

Replies (8)

Please login or register to join the discussion.

avatar
By Scriptic
25th Aug 2016 17:51

These words taken from S. 993 Companies act should answer that.

"or for any fraudulent purpose......commits an offence".

Thanks (1)
Replying to Scriptic:
avatar
By DKB-Sheffield
27th Aug 2016 15:23

Hi Scriptic,

Thank you for your comments. That certainly gives a description of fraudulent activity which I will be able to refer to.

Thanks again

Dave

Thanks (0)
David Winch
By David Winch
25th Aug 2016 19:40

This sounds likely to have been a criminal offence by someone. You might want to look at the Forgery & Counterfeiting Act 1981.

I would suggest a letter to the directors of the recruitment agency.

You might also consider reporting it as a fraud to ActionFraud.

You should also consider whether there is any money laundering which might require a Suspicious Activity Report to the NCA under s330 PoCA 2002. However you seem to be indicating that the invoice was for the correct amount.

David

Thanks (1)
Replying to davidwinch:
avatar
By DKB-Sheffield
27th Aug 2016 15:26

Hi David,

As always... very wise words from a very wise person!

My issue is being progressed through the "complaints procedure" of the recruitment agency. However, a letter to the directors is a good call and something I will do.

ActionFraud seems a good option which I'll hold up my sleeve for use when I get a response (or if I don't) from the agency.

I am in agreement that money laundering is probably not relevant in this case. However, I would suspect there are other clients of the agency to whom this may be relevant!

Thanks again

Dave

Thanks (0)
avatar
By bernard michael
26th Aug 2016 10:07

Are they a member of a professional association? If so report them to it

Thanks (1)
Replying to bernard michael:
avatar
By DKB-Sheffield
27th Aug 2016 15:50

Hi Bernard,

Thanks for your input.

Yes, they are a member of a few "professional" bodies so, I'll bear this in mind for the next stage.

I'm not sure however what impact a report to the body will have as they're not a governing body as such.

Thanks again!

Dave

Thanks (0)
avatar
By Sandnickel
26th Aug 2016 15:11

Just curious as to why you've done this on behalf of your client? Surely, by signing the timesheet you're accepting responsibility for the payment of the worker (which is probably why it was forged IMHO, if you're paid weekly you don't want to wait for someone to get back from holiday to get your wages)? If it all goes Pete Tong then aren't you in the firing line for signing paperwork on your client's behalf?

Thanks (1)
Replying to Sandnickel:
avatar
By DKB-Sheffield
27th Aug 2016 16:01

Hi,

Thanks for your response.

This client is one I have left from the early days of my practice and he needs his hand holding more than most. It's a very long story that I won't go into now but, it works. My "standard" terms and conditions have clearly been modified to accommodate the engagement.

In all honesty, had the agency issued the worker with their own timesheet (as they are supposed to do) and had the time sheet been signed by the site manager (as is common practice) and had the agency chased the worker for the timesheet (as is standard) the issue of my holidays (etc.) would not exist.

However, regardless of the situation, I cannot see how the fraudulent photocopying of my signature and the passing it off as being positive proof of my authority (or indeed anyone's authority) could be construed as acceptable, ethical or even legal?!

The fact is, I did not sign the paperwork so, from my perspective, the only "firing line" would be that pointing from myself/ my client towards the recruitment agency.

Many thanks again.

Dave

Thanks (0)