Wednesday, June 19, 2013

Where did the time go?

Otigba v Consensa Care

Show us a grown-up who wouldn't fancy being ten years younger and we'll show you a fibber.

Ms Otigba gave a false date of birth on her job application. Her employer didn't find out about this until it made some routine background checks during her first month of employment. Her Criminal Records Bureau data highlighted discrepancies and she was suspended while the company carried out some more investigations. It looked at her passport, birth certificate, accountancy certificate, driving licence and even her LinkedIn profile. These revealed a series of inconsistencies - she appeared to have two ages and two surnames.

Ms Otigba was dismissed and brought a wrongful dismissal claim for her notice pay (she didn't have enough service to bring an unfair dismissal claim). She lost; the tribunal held that the employer had gone about everything properly. Trust was important, particularly as Ms Otigba's position involved handling money belonging to vulnerable adults. She had breached this trust by trying to deliberately disguise a lost decade in her life, although the tribunal didn't speculate about the reason behind this.

The employer here went to great lengths to check the situation out properly and, crucially, didn't jump to conclusions. Remember that in cases like this, even where an employee has a short period of continuous employment, a fair procedure wins in the end.

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