Mr Richard Watt v Ministry of Defence — 2024

The Claimant, an SO2 Communications Officer employed by the Ministry of Defence from 25 November 2019 to 14 July 2023, was dismissed for gross misconduct after an audit found he had overclaimed mileage expenses totalling £716.95 by failing to deduct his Home to Duty Liability of approximately 240 miles per journey. An investigation concluded that 60% of his claims in financial year 2022/2023 were for excessive mileage, leading to a disciplinary hearing chaired by Colonel Peter MacMullan and a subsequent appeal heard by Mr Andrew Garton, both of which upheld the decision to dismiss.

The Tribunal considered the reason for dismissal was conduct and applied the standard test for reasonableness of a misconduct dismissal. It found the Respondent genuinely believed the Claimant had committed the conduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. The Judge did not accept the Claimant's evidence that he was ignorant of the Home to Duty Liability policy, noting his demonstrated familiarity with other policies and the contradictions in his answers at the disciplinary hearing.

The Tribunal concluded that dismissal for knowingly submitting false mileage claims was within the band of reasonable responses open to a reasonable employer, particularly given the Respondent's status as a publicly funded body requiring high standards of financial propriety. A fair procedure was followed at investigation, disciplinary and appeal stages, with no procedural irregularity. The claim for unfair dismissal was accordingly dismissed.