A former Citibank analyst, Mr. Fekete, was fired for gross misconduct after he submitted an expense claim that included meals for his partner. He had told a colleague that he would be taking his partner on the trip, but when he submitted his expenses claim, it was clear that he had claimed for meals for two people. He initially tried to explain away the receipts, but eventually admitted that he had lied.
Citibank investigated the matter and found that Fekete had breached the company’s expense management policy. He was invited to a disciplinary meeting, where he argued that he had been having personal difficulties and was on strong medication when he submitted the false expense claim. However, the company found that Fekete had deliberately lied and dismissed him for gross misconduct.
Fekete took Citibank to an employment tribunal, claiming unfair dismissal and wrongful dismissal. However, the tribunal found that Citibank’s decision to dismiss him had been a proportionate response. The tribunal also found that Citibank had acted in a procedurally fair manner throughout the disciplinary process.
Lessons for employers:
Have a clear and concise expense management policy in place. The policy should clearly state what types of expenses are reimbursable and what types of expenses are not. It should also be clear who is eligible to claim expenses and how expenses should be submitted.
Investigate all allegations of expense fraud thoroughly. Employers should take all allegations of expense fraud seriously and investigate them thoroughly. This may involve interviewing employees, reviewing receipts, and conducting other forms of evidence gathering.
Be fair and consistent in disciplining employees for expense fraud. If an employee is found to have committed expense fraud, the employer should discipline them in a fair and consistent manner. The severity of the discipline should be proportionate to the seriousness of the offense.
Provide employees with the opportunity to explain themselves. Before disciplining an employee for expense fraud, the employer should give them the opportunity to explain themselves. This will help the employer to understand the circumstances of the offense and to determine the appropriate disciplinary response.
In the Fekete case, Citibank followed all of these steps. The company had a clear and concise expense management policy in place, and it investigated the allegations of expense fraud thoroughly. Citibank also gave Fekete the opportunity to explain himself before disciplining him. As a result, the employment tribunal found that Citibank’s decision to dismiss Fekete was fair and proportionate.
Supportis can help employers with all aspects of HR, including implementing policies to promote diversity and equality in your workplace. We have a team of experienced HR professionals who can provide advice and support to employers.
To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.
Sexual harassment at work: A third of people have experienced it, but only half have reported it
These statistics are from a new poll by The Barrister Group, and they are hugely disappointing. Sexual harassment is never okay, and it is important to remember that you have the right to feel safe and respected at work.
If you have experienced sexual harassment at work, there are a few things you can do:
Employers also have a responsibility to create a safe and respectful workplace for their employees. They should have policies in place that make clear what constitutes sexually inappropriate behaviour and how to report it. Employers should also investigate any reports of sexual harassment promptly and fairly.
If you are an employer, you can help to create a safe and respectful workplace by:
Sexual harassment is a serious problem, but it is one that can be addressed. By working together, we can create safer and more respectful workplaces for everyone.
Supportis can help employers with all aspects of HR, including creating policies to keep your business safe and compliant. We have a team of experienced HR professionals who can provide advice and support to employers.
To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.
A Ralph Lauren stylist has won an employment tribunal claim for direct race discrimination and race-related harassment after her manager made comments referring to United Colors of Benetton and the United Nations.
The case is a reminder of the ongoing problem of racism in the workplace, and the importance of employers creating a culture where employees feel safe to report discrimination and harassment.
The tribunal found that the manager’s comments were “patently related” to the stylist’s mixed heritage, and that they had the purpose of creating an intimidating and hostile environment for her. The manager was also found to have been dishonest to the stylist, the HR team, and the grievance investigator, which further aggravated the situation.
The outcome of the case is a positive one for the stylist, and it sends a clear message to employers that racism in the workplace will not be tolerated. However, it is important to note that this is just one case, and that racism remains a widespread problem in society as a whole.
According to a 2021 report by the TUC, one in three black and minority ethnic (BME) workers in the UK have experienced racism at work in the past five years. The report also found that BME workers are more likely to be in low-paid and insecure work, and are less likely to be promoted to senior positions.
Racism in the workplace has a number of negative consequences for individuals and businesses. For individuals, it can lead to stress, anxiety, depression, and other mental health problems. It can also damage their careers and make it difficult for them to find new jobs. For businesses, racism can lead to a loss of productivity, increased turnover, and damage to their reputation.
There are a number of things that employers can do to tackle racism in the workplace. These include:
By taking these steps, employers can create a more inclusive and equitable workplace for all employees.
Tis recent tribunal case is a reminder of the ongoing problem of racism in the workplace. It is also a reminder of the importance of employers creating a culture where employees feel safe to report discrimination and harassment.
Racism in the workplace has a number of negative consequences for both individuals and businesses. For individuals, it can lead to stress, anxiety, depression, and other mental health problems. It can also damage their careers and make it difficult for them to find new jobs. For businesses, racism can lead to a loss of productivity, increased turnover, and damage to their reputation.
There are a number of things that employers can do to tackle racism in the workplace. These include:
By taking these steps, employers can create a more inclusive and equitable workplace for all employees.
Supportis can help employers with all aspects of HR, including implementing policies to promote diversity and equality in your workplace. We have a team of experienced HR professionals who can provide advice and support to employers.
To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.
The CIPD has released a manifesto for good work, calling on the next UK government to develop a long-term workforce strategy.
The CIPD argues that the UK needs a joined-up workforce strategy covering three themes: skilled work, healthy work, and fair work. This is needed to tackle stagnating productivity, rising skills shortages, an ageing working population, and the UK’s transition to net zero.
In addition to government policy reforms, the CIPD says that organisations and people will need to adopt new ways of working, including adapting to or optimising the use of artificial intelligence and other emerging technologies. They should also focus on improving job quality to support employee wellbeing, productivity, and labour market participation.
CIPD chief executive Peter Cheese said: “It’s essential the next UK government sets out a bolder, long-term vision for economic growth to raise job quality, innovation, and productivity across all sectors. Achieving this requires an inclusive industrial strategy for growth, and a strategy for jobs and good work, together with skills support and investment in the UK workforce to meet the opportunities and demands for the future.”
The CIPD manifesto makes a number of specific recommendations for the government, including:
Skilled work:
Healthy work:
Fair work:
Supportis can help employers implement HR strategies for a more productive, inclusive, and equitable culture. Give us a call on 0161 603 2156 to see how we can help your business flourish.
We know, we know! ‘Too early to start thinking about Christmas!!’ – we hear you cry! However, getting a head start on your festive admin is a great idea, to give you ample time to plan how you’re going to run your business over the Christmas period, and give your employees ample time to be aware of your plans and put their annual leave requests in, taking into account any criteria you decide to set, such as Christmas shutdown days.
December can be a difficult time for employers to manage holiday requests. With everyone wanting the same time off, it can be hard to know who gets what.
Here are a few tips on how to allocate Christmas leave fairly:
Here are some additional tips:
It is also important to remember that you are not legally obliged to grant all holiday requests. If you have a business need to keep certain employees in work over Christmas, you can refuse their requests. However, it is important to be fair and reasonable when making these decisions.
If you are struggling to allocate Christmas leave fairly, it may be helpful to get advice from an HR professional. They can help you to develop a system that is fair and compliant with the law.
Supportis can help employers with all aspects of HR, including managing holiday requests. We have a team of experienced HR professionals who can provide advice and support to employers.
To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.
If a job is advertised in a way that could be considered discriminatory, a candidate can only claim less favourable treatment if they genuinely intended to apply for and take on the role.
What does the law say?
To prove unlawful sex discrimination, there must be evidence of some form of less favourable treatment. The case of Keane v Investigo (EAT) (2009) established that such treatment is not applicable if the claimant didn’t genuinely intend to apply for the job. Essentially, protection against unlawful discrimination doesn’t cover individuals who had no intention of accepting a job offer even if given one.
Details of the case
The claimant, based in Hounslow, London, had a varied work history and life centred around London since coming to the UK from France. The respondent, a Chinese restaurant in Glasgow, posted a job ad online seeking female takeaway staff.
The job ad read:
“Takeaway female staff who can speak English fluently needed to join Shamila’s cafĂ© near the beautiful area of Ruchill park. The candidate needs to help with customer service and in the kitchen. The selected candidate also needs to work the weekend full time but he/she will have 2 days off during the week. The salary is negotiable and depends on your experience”
The claimant didn’t apply or attempt to contact the restaurant. He didn’t show any interest in relocating to Glasgow or applying for other jobs in Scotland. Nevertheless, he filed a claim for sex discrimination.
Employment Tribunal
The ET scrutinised the claimant’s motivations to determine if he genuinely intended to move to Scotland and take the job. The claimant was deemed capable of contacting the restaurant, and the use of “he/she” in the ad indicated the employer might consider male applicants too.
No evidence suggested the claimant wanted to relocate. He claimed he wanted the job due to the mention of a “beautiful park” but the ET found this unconvincing.
Since the claimant had no genuine intention of applying for the role, the ET ruled there was no less favourable treatment, leading to the dismissal of his claim. The claimant was then ordered to pay ÂŁ697 to the respondent due to vexatious and unreasonable behaviour in bringing a baseless claim.
This case reiterates how common it is for claims to be brought against businesses when an expert eye isn’t cast over contracts, policies and job adverts. Supportis provide fixed fee, truly unlimited advice to ensure your business doesn’t fall foul of the law. Contact our friendly team for a free, no-obligation chat around how we can help on 0161 603 2156 or email us at [email protected].
If you'd like to find out more about how Supportis can help your business flourish then give us a call on 0161 603 2156 or send us an email.
Contact Us