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Shrestha v Genesis Housing Association Ltd [2015] EWCA Civ 94 (18 February 2015)
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The appellant, Mr Shrestha, was employed by the respondent, Genesis Housing Association Limited, as a floating support worker. As part of this role he travelled by car to see clients at their home address. He was entitled to expenses for the mileage travelled. For that purpose he was required to complete an online claim form, giving the reading from his car's mileometer (rounded to the nearest mile) at the start and end of each journey, from which was calculated the mileage for each journey and the total for each month. An audit of his claims for a three-month period in 2011 led to a disciplinary procedure in which it was found that that he had been over-claiming mileage expenses fraudulently, as a result of which he was dismissed for gross misconduct.
His claims for unfair dismissal and wrongful dismissal were dismissed by an Employment Tribunal (Employment Judge McLaren) by a judgment dated 5 April 2013. His appeal to the Employment Appeal Tribunal was dismissed by His Honour Judge Peter Clark at a hearing under the rule 3(10) procedure on 18 October 2013. Permission to appeal to this court was granted by Rimer LJ at an oral renewal. Permission was subsequently granted by Elias LJ to amend the grounds of appeal so as to add three new grounds.
The appellant was represented on the appeal to this court by Mr Daniel Barnett, acting pro bono (as were his instructing solicitors); and the respondent was represented by Mr Patrick Halliday. Neither counsel appeared in the tribunals below. At the hearing of the appeal, on 5 February 2015, we announced our decision to dismiss the appeal for reasons to be given in writing at a later date. These are my reasons for that decision.
The appellant, Mr Shrestha, was employed by the respondent, Genesis Housing Association Limited, as a floating support worker. As part of this role he travelled by car to see clients at their home address. He was entitled to expenses for the mileage travelled. For that purpose he was required to complete an online claim form, giving the reading from his car's mileometer (rounded to the nearest mile) at the start and end of each journey, from which was calculated the mileage for each journey and the total for each month. An audit of his claims for a three-month period in 2011 led to a disciplinary procedure in which it was found that that he had been over-claiming mileage expenses fraudulently, as a result of which he was dismissed for gross misconduct.
His claims for unfair dismissal and wrongful dismissal were dismissed by an Employment Tribunal (Employment Judge McLaren) by a judgment dated 5 April 2013. His appeal to the Employment Appeal Tribunal was dismissed by His Honour Judge Peter Clark at a hearing under the rule 3(10) procedure on 18 October 2013. Permission to appeal to this court was granted by Rimer LJ at an oral renewal. Permission was subsequently granted by Elias LJ to amend the grounds of appeal so as to add three new grounds.
The appellant was represented on the appeal to this court by Mr Daniel Barnett, acting pro bono (as were his instructing solicitors); and the respondent was represented by Mr Patrick Halliday. Neither counsel appeared in the tribunals below. At the hearing of the appeal, on 5 February 2015, we announced our decision to dismiss the appeal for reasons to be given in writing at a later date. These are my reasons for that decision.
