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A group of my friends was celebrating one of our group securing a new job, and he was complaining about having to continue working at his old job for his 3 month notice period, we started discussing humorous ways that he could force his company to immediately terminate his contract.

One of the group mentioned that his company had a policy for employees who had accepted a role with a competitor of immediately escorting the employee off the premises and placing them on gardening leave.

Assuming my employer had a similar policy, and I secured a role with company A (who aren’t a competitor of my current employer), but I told my manager that I had secured a role with company B (who are a competitor) in an attempt to secure gardening leave. Have I committed fraud?

feetwet
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Ben
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1 Answers1

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Yes, that would be fraud.

From the Fraud Act 2006:

2: Fraud by false representation

1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself [...]

By saying that you had got a position with a competitor you would be dishonestly (i.e. you knew it was a lie) making a false representation. Your purpose was to obtain gardening leave, which is a gain for yourself.

Paul Johnson
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