Employee claiming hours on her day off while working a full day elsewhere

[dodgylady23]

I manage one staff member. She’s casual and until recently another person (friend of hers) was signing her timesheets off.

For a number of reasons, not least of which being this employee is hopeless and has an attitude problem, I suspected something fishy with her timesheets so had them (rightfully) signed over to me.

She works four days with us and one day elsewhere. I had to insist multiple times that she add this regular day off to her calendar to indicate she was off. I’ve approved a few of her timesheets now, but just noticed she has claimed to have worked six hours for me on the day she works a full day elsewhere - her agreed day off from here.

Queried this with her only to have her get very defensive and claim she had urgent work to do here so managed to do both. She mentioned working on one thing (not at all urgent and a quick task) and “other bits and pieces”. She said she would send through evidence of her work if need be.

1. I didn’t authorise her to work on that day
2. This “urgent” work could have waited until the next day, or any number of days in the weeks ahead before it became urgent.
3. It’s impossible to work two jobs simultaneously.

AIBU to outright reject those additional hours and give her an award for biggest pisstaker of the year?

Yes, but go see HR and get her on a pathway to dismissal.

That’s disgusting and dishonest and I’d be terminating her contract sooner rather than later.

I’ve worked in temp contracts for 6 months, 9 and 12 months and less for the past few years. It does pay a bit more than a permanent role but then I don’t get sick pay, have to accrue holiday pay and don’t get bank holidays. In this time the only time I’ve ever done close to this (it was approved) was 30 mins lunch break, and it was that time. The agency isn’t that bothered generally about timesheets and neither is the client as long as there are no glaring discrepancies.

do you have an IT dept that can check her log on times and activity?

Contact her other work, if you know the details ? Cross reference with her other boss...

AAahhh...she is going for the "Best defense is a good offense" method of deflecting.

I don't think anyone will be able to figure out who the person is, as I am sure there are several across the country doing the same thing.

Don't give up OP!

This is shocking. I hope she gets caught and has to give back all the wages for the unworked hours.

If she is a casual worker, then can you just stop giving her work?

What is her actual contract?

I'd very much doubt it.

This type of piss taking, lack of accountability and opportunity for fraudulently enriching oneself is usually reserved for the better paid roles.

Whilst those on minimum wage are ruthlessly monitored for performance levels and efficiency and have to account for every minute worked and every penny earned.

Tread carefully OP. Make sure you have indisputable evidence. Get good legal and HR advice. I’m not sure about casual staff so might be easier to let her go without risk but in situations I have where there has been a difficult, incompetent or lazy staff member that was being managed out, there was always a counter claim of bullying made - resulting in the better member of staff leaving due to stress and the awful employee remaining. I’ve seen it happen in different organisations.

Yes. Just in case those lazy poor people don’t graft hard enough to increase the wealth of the wealthiest. Workhouses are next!

Why were you signing the timesheets if you couldn’t verify them?
isn’t that the whole point?!

She's a casual, so get rid.

Oh I won’t be giving up @Nanaof1. She’s now to the point of quadrupling down. She’s effectively backed herself into a smaller and smaller corner yet shows no signs of letting go. It’s extraordinary!

In the 1990s I did a spell for an agency in various Civil Service offices, mainly small ones. I was at one where the deal was it had to be signed by a team leader (not an acting one) on a Friday. One Thursday the signing person said 'I'm off tomorrow so do your sheet now and I'll sign it'. I said 'What hours shall I put down?' She said 'The hours you want to work'. I said 'How do you know I'll do them?' She gave me a funny look and said 'We work on trust here!'. Funny thing, six months later, her boss, an HEO grade, got sacked for gross misconduct for falsifying his attendance record.

Why wait three months?

So is this something she’s been doing regularly, OP? Have you uncovered more evidence?

I would also be contacting the other company she works for.

When I started agency work, my support worker told me it was important to be strictly accurate about recording attendance times, as the agency's reputation was important. This was how I do things anyway, so no problem. After I had been working at one office, I was offered lifts in by a woman who lived near me. We shared the petrol. She was permanent staff and on flexi hours. At the end of the first week, the manager took me on one side and said 'your hours this week don't match Carol's'. I said 'What do you mean?' She said, 'Look, on Monday you say you arrived at 8.05, but Carol's put 8.00, and, going home, you say you went at 15:50, but Carol's put 16:00'. She smiled at my confusion, and said 'Put this in the shredder and do a new one. Get the times from Carol'.

I believe it is fraud to be 'working' two jobs during the same 9-5 period. Did you ask for proof of the work she's claiming to have done?

We're in a similar situation with a contractor. Needless to say the contract will not be renewed. Ours is further complicated by the fact that we use remote workers, so it's much more difficult to keep tabs on whether they are working when they say they are.

I hope you manage to sort things OP - but, at the very least you should probably let her go at the end of the contract.

Did you find more evidence?

I’m with those who say “If she’s been doing this to you, what has she been doing to the other job?” Suggesting you will talk to them could be a way to get her to go quietly!

Do you have an HR department? If so get some advice.

Firstly there is no 'mutuality of obligation' in a true casual contract so there is no real 'notice' period. So you can just stop giving her work at any time, even without dismissing her (thought I would, just so everything is clear). I wouldn't wait to the renewal date to stop using her. Also, you don't need a reason to dismiss or need to conduct a big investigation/ disciplinary etc unless you want have those reasons on record for the future.

Make sure she's being paid statutory annual leave and pro rata bank holidays so there are no risks around that. Also you say she's been there longer than you - how long?. Just be careful about that as ongoing casual contracts with regular days and hours could in the long term (especially over 4 years) lead to a claim she's an employee not a worker (I.e. more employment rights) or even has a right to a permanent job. If you don't have an HR department and want some advice on this aspect, try ACAS in the first instance.

I think you need to look at your disciplinary policy and consider formal disciplinary action against her. Yes this is potentially gross misconduct though have a look at all the circumstances first to ensure you have grounds. Do you have records of all the occasions she has tried to pass her day off as a working day and you pulled her up on this?

She can get as defensive as she likes btw, as an employer you cannot and shouldn't tolerate this. If she is useless at her work (has this ever been addressed with her?) as well as having a bad attitude, then you may be best to get rid of her eventually. But do it fairly and by a formal process.

I would be wary of doing this as it could be considered slanderous. It is up to the other company she works for to manage her work there.

The difficulty in just withholding work from her without any process is that she could claim that it is discriminatory. But a lot depends on what her contract states about the mutual obligations.

Really, if she is useless at work and deliberately falsifying timesheets (which amounts to fraud) then you need to get rid of her. Following an appropriate process minimises any potential risks. I suggest you discuss this with HR to decide what to do.