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An ex Citibank employee who issued a claim against the firm for unfair dismissal has lost his case.
Citibank initiated disciplinary allegations against the employee for fraudulently submitting a claim for expenses incurred whilst on a business trip. In its policy, which provided a €100 per day allowance for food and drink, Citibank stated that any expenses for spousal travel and meals are not reimbursable.
After the employee submitted his claim, his manager queried whether the employee himself had consumed the food and drink claimed for. Rather than admit that his expenses claim also included meals consumed by his spouse, the employee denied sharing any of the expenses claimed for.
The employee later admitted to sharing meals with his spouse albeit he put forward mitigating circumstances relating to his personal life. Citibank, however, dismissed the employee.
Finding in favour of Citibank, Employment Judge Illing stated “I have found that this case is not about the sums of money involved. This case is about the filing of an expenses claim and the conduct of the claimant thereafter.” Judge Illing also added that “The claimant was employment in a position of trust in a global financial institution” and accepted that there was a requirement by Citibank to expect honesty from its employees.
This case demonstrates that what could initially appear to be a seemingly minor misconduct issue to an employee, could in fact provide their employer with the right to dismiss them. Having a clear expenses policy in place would have assisted Citibank in being successful in defending this claim.
Many contracts of employment include a provision allowing an employee to claim expenses incurred during the course of business, however, it is advisable to include a full expenses policy in a separate document. Contracts of employment cannot be amended without an employee’s express authorisation, whereas, policies within a staff handbook can be reviewed and updated by the company without the need to consult with employees.
If you require legal advice on the content of this article, or on updating your company policies, speak to a member of our employment team on 01689 887 887.