How to Instruct an Employee Fraud Expert
For Employers
If you've just discovered suspected fraud, see our 72-hour guide at Investigation Process.
Secure evidence first
Do not alert the suspect or access their systems. Preserve all financial records in their current state. See our 72-hour guide.
Engage via a solicitor
Instruct a forensic accountant through your solicitor to ensure legal professional privilege protects the investigation.
Provide access to financial records
Make payroll data, bank statements, expense claims, supplier records, and system access available to the expert.
Define scope
Agree whether the engagement is investigation only, or investigation plus expert report for proceedings.
Review preliminary findings
Review the preliminary assessment with your solicitor before deciding on civil, criminal, or employment routes.
Commission full expert report
If proceedings follow, commission a CPR Part 35 compliant expert witness report based on the investigation findings.
For Solicitors
Issue letter of instruction
Provide clear instructions including case background, scope of investigation, documents available, and report requirements under CPR Part 35.
Confirm privilege status
Confirm whether the engagement is privileged (preliminary assessment) or for court (expert witness report).
Provide document access
Supply financial records, correspondence, and any evidence obtained through disclosure or Norwich Pharmacal orders.
Agree scope and timetable
Define investigation scope, report deadline, and whether oral evidence at trial is anticipated.
Review draft report
Review the draft expert report for factual accuracy only - not for advocacy. Raise queries via formal letter.
Serve and exchange
Serve the expert report in accordance with court directions. Arrange joint expert meeting if SJE or directions require.
Trial preparation
Brief the expert on trial procedure, arrange conference before trial, and confirm availability for oral evidence.
Red Flags Before Instruction
Before instructing an expert, ensure you have preserved evidence and identified the scope of suspected fraud. Common red flags include: unexplained journal entries, payroll changes without HR records, expense claims near approval thresholds, new suppliers with residential addresses, and employees who never take holiday. View all red flags →
Suspected employee fraud? Get expert help today.
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