Failure to comply with the Acas Code does not in itself make an employer vulnerable to prosecution. However, labour courts will consider the Code when considering applications for unfair dismissal and could increase any arbitration award imposed on an employer by up to 25% if it fails to comply with an unreasonable violation of a provision of the Code. In many cases, it is up to the employer to decide what happens to an employee who is caught falsifying documents in the workplace. While an employee may be charged with serious misconduct and follow the regular termination process, the act may be punished as a crime if the matter is more serious. The employee was successful. His dismissal was found to be unjustified and victimized – based on the evidence, there was no excessive use of force, but the employer used the incident as an opportunity to dismiss the employee because of his complaints about his treatment. The court also found that while working in prison, he was subjected to a campaign of direct discrimination and harassment based on his sexuality or perception of sexuality. The falsification of documents in the workplace is usually something so serious that it becomes impossible to continue the employment relationship, which justifies dismissal for a first crime. However, any dismissal must be dealt with on a case-by-case basis, taking into account all the circumstances. Employees must also have the opportunity to defend themselves against the charges against them. This means that they cannot simply be dismissed on the spot, but that a full investigation must first be conducted before a dismissal decision is made in accordance with the ACAS Code of Conduct for Disciplinary and Complaints Procedures.

However, the consequences of document falsification can be even greater. In some roles, this level of dishonesty can lead to the dismissal of a person, for example in the financial sector or as a business owner. If a person is prosecuted, they can also be punished with imprisonment, a fine or both if convicted. Our business document writing services can help you create HR policies from scratch or update your existing documents. DavidsonMorris` employment lawyers assist employers in all aspects of workforce management, including disciplinary action, investigations and dismissals. Working closely with our personnel consultants, we offer employers holistic support in managing legal risks while promoting best practices in personnel management. If you need help and advice on a specific topic, talk to our experts. Falsifying records in the workplace could involve manipulating information about the work they do, perhaps to give a more positive picture of their performance or hours, or to conceal an error or omission. At the board level, this can include attempts to mislead shareholders by falsifying financial documents to inflate the company`s performance, or even attempts to cover up serious violations of legislation, especially in terms of health and safety. If an employee is accused of falsifying documents at work, it is important that a full investigation be conducted. Remember that a person is only guilty of falsifying documents if there is evidence that they acted with intent to defraud or deceive. As a general rule, if a person does not know that the document he is using is false, he cannot be found guilty of falsifying documents.

However, failure to keep accurate records of employees will result in penalties, regardless of the employer`s intent. Falsification of documents in the workplace is a serious matter that would generally constitute misconduct and result in disciplinary action. It may also raise issues of dishonesty and breach of trust in the employment relationship and, depending on the facts, raise potential violations of regulations and criminality. Falsification of documents may constitute a criminal offence in the UK, for example under the Fraud Act 2006 or the Health and Safety at Work, etc. Act 1974, where the falsification of records in the workplace put other people at risk. Employees can do this for their own financial or personal benefit, for example, to get more overtime, increase their premium, or exaggerate their expenses. You can falsify financial documents to inflate the company`s performance. You can forge documents under the duress of other people within the company, which is a less simple situation.

If you think this should be serious misconduct, you may want to consider firing the employee for falsifying documents. In this case, it is an employer accused of intentionally falsifying an employee`s disciplinary record. In certain circumstances, even if the falsification of documents in the workplace is serious, if the misconduct has not had a negative effect on the company, and if there is a good explanation for the employee`s dishonesty, the employer may wish to provide for another disciplinary sanction for the dismissal, including a first or final written warning.