Colchester Garrison ex-employee loses tribunal battle

Richard Watt, a former SO2 Communications Officer who worked within the Parachute Regiment at Colchester Garrison, has lost his employment tribunal case against the Ministry of Defence (MOD) for “unfair dismissal.”

Mr Watt was employed by the MOD between November 25, 2019 and July 12, 2023 after it was discovered he had claimed more than £700 worth of fraudulent motoring expenses.

His “civilian role” included promotion of the regiment through social media content, and would travel extensively within the UK for the role, and he was previously a civil servant for many years.

Army - an image of the Parachute Regiment's four battalion's march through Merville Barracks a few years ago

He was entitled to claim expenses related to his mileage, and the MOD’s travel guide policy states that employees using their private vehicle to undertake business visits will be reimbursed a flat rate allowance per mile.

The mileage rate decreases once claims have been made for 10,000 miles from 45p to 25 per mile.

Mileage could not be claimed for commuting from home to the employee’s normal place of work.

There is also a home to duty liability policy which should be deducted from expenses from an employee that is undertaking business travel to and from home and a business location.

Mr Watt would travel from his home in Brackley, West Northamptonshire, an approximately 240-mile trip for his home to duty liability.

Entance - the road leadiing into Merville Barracks and Colchester Garrison

This liability policy would still stand if an employee chose not to travel back their home address between work commitments.

The document said: “The claimant should  have deducted 240 miles from each of his claims for mileage, save where he travelled between business locations.

“If the claimant’s round journey was shorter than 240 miles then the operation of the policy meant that no mileage could be claimed."

On November 14, 2022, Mr Watt sent an email to the MOD saying he had reached 10,000 business miles and wanted to be granted a “business exemption” to the reduction in the rate.

It was then discovered he had not made mileage claims correctly, resulting in him over claiming £716.95. He said he was not aware of the liability policy.

After an internal investigation in 2023 it was found he “consistently failed to deduct home to duty liability without the agreement of his line manager”.

It was found 60 per cent of all claims submitted by Mr Watt during the financial year 2022 to 2023 were for "excessive mileage".

A MOD disciplinary hearing took place and eventually concluded that Mr Watt’s behaviour was fraudulent and intentional, even though he had offered to pay back £700 of the expenses.

Mr Watt felt he was unfairly dismissed by the MOD and his claim was received on October 12 2023, before the tribunal was held on April 25 and 26.