GROSS MISCONDUCT - 02.01.2024

Fairly dismissed for claiming two meals on expenses

An employee who was sacked after he claimed for two lunches whilst travelling on a work-related business trip has lost his claim for unfair dismissal. Why did the tribunal find in the employer’s favour?

Financial fraud

Szabolcs Fekete (F) began working for Citibank (C) as a financial crime analyst in 2015. In July 2022 C took a three-day business trip to Amsterdam.

Whilst he was away, F was entitled to claim for his personal travel expenses and subsistence, subject to C’s €100 daily limit.

Travelling with partner

Unbeknownst to C, F was accompanied on the trip by his partner and on one of the days the two of them shared a lunch together which consisted of two sandwiches, two pasta dishes and two coffees.

Upon his return, F submitted his expenses claims with receipts and asked to be reimbursed for that lunch in its entirety.

Receipts checked

When C checked F’s expenses claim, it queried the claims submitted for this lunch as it appeared to be for two people. In response, F said that he was on a business trip alone and had ordered two coffees “as they were very small” .

He also claimed that he’d eaten one serving for lunch and saved the second serving for his dinner.

Within the limits

F also stated that the amount claimed was “well within” the daily expense limit and he shouldn’t have to justify his eating habits. When quizzed about this lunch again, F admitted that his partner had accompanied him on the trip but continued to claim that he’d consumed the double meal himself.

However, he later confessed that the lunch had been shared and admitted to lying during an internal investigation.

Mitigating circumstances

In his defence, F claimed that he had recently lost a close family member and had been on medication at the time this issue was initially raised, which had affected his decision making.

This didn’t wash with C and F was sacked for gross misconduct on the basis that he had breached C’s expenses policy. He then claimed wrongful and unfair dismissal at the tribunal.

Tribunal ruling

In October 2023 the tribunal found that F had been fairly dismissed and C was well within its rights to sack him (click here ). The judge noted that, as well as breaching C’s clear expenses policy, F had acted dishonestly throughout the investigation.

Had he told the truth from the start, and perhaps offered to reimburse C for what was a relatively small amount, it’s possible that the tribunal would have reached a different decision.

Tip. When your employees submit expenses claims don’t accept the receipts at face value. Check the amounts claimed against the purchases. If things don’t add up, give them an opportunity to rectify mistakes before you take any formal action.

Rather than admit he’d bought a meal for his partner when challenged about his expenses claim, the employee repeatedly lied. This dishonesty amounted to gross misconduct. Always check expenses claims closely and give employees the opportunity to rectify mistakes before you take any formal disciplinary action.

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