Hello,
We have an ex employee who committed fraud, if we are approached for a reference, what are we allowed to comment regarding the fraud?
Thanks,
Chris
Replies (10)
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Was the employee criminally prosecuted?
Edit: Thinking about it, they'll presumably have written their own reference ....
Sacked?
If the employee was sacked as a result of the fraud and following the proper dismissal procedures etc, then the reference can say that the employee was sacked.
Essentially you can give any information you deem necessary in a reference, provided it is fair and accurate - just don't make unsubstantiated claims or allegations that the employee can dispute.
Defamation
The law of defamation in England & Wales is chiefly to be found in the Defamation Acts 1996 & 2013.
You might consider the case law in Wood v West Midlands Police [2004] EWCA Civ 1638 particularly relevant.
If you in your reference stick to the truth, give the information without any malice toward the ex-employee & give the information only to a person with an appropriate interest in receiving it (such as a potential future employer of his) then you will be OK.
If in doubt take legal advice from a solicitor (which of course I am not!).
David
the truth can be dangerous
what you see as the truth may not square with what the employee does. normally you confirm that the employee worked for you for x amount of time and thats about it ! or you can ignore the request ......
HR Advice
Without discredit to the above information, try posting on UK Business Forums Employment and HR section. Some of the regulars in that forum may be best placed to give you the advice you need, including from a legal standpoint
However, from past experience, if in doubt do nowt! Or, stick to facts of confirming dates of employment, position, salary etc. Of course, there may still be a quandary if they ask the reason why the employee left!
Money laundering reporting
If you are an accountant in practice and the ex-employee was 'successful' in the fraud, in that he / she obtained something or some money fraudulently, then you will already have reported this to your firm's MLRO or to the National Crime Agency under s330 PoCA 2002 / MLR 2007.
However I would advise you NOT to mention, in any reference you give for the employee, the fact that you have made a Suspicious Activity Report.
David
Be careful with any future employer who uses standard forms/templates for references. These sometime have tick boxes or yes/no responses - a common one I've seen is "would you employ this person again?" Either answer could raise queries from of the prospective employer.
Also, you have a duty of care to both the employee AND prospective employer.
Never Use Standard Templates
Don't use standard templates for references.
Write a letter. Include what you want to include. Leave out what you want to leave out.