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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My name is***** and I work

Customer Question

Hi,
My name is***** and I work for Specsavers as a field consultant and I've made a mileage claim which I left for a while and did for 3 months in one claim which I sent last night. I then went in for a separate meeting and both my boss and his boss wanted me to talk through my claim and there were issues with it. I tired to explain but because I wasn't excepting it I didn't get a chance to really look over it if I had made any mistakes. Now they have suspended me on full pay waiting on a formal investigation which will be sent in the post. I've now had a chance to look over it and I have made clear mistakes and they are genuine and I don't know what to do now and how I deal with this. Can you help? Thanks Tom
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked for the employer for?
Customer: replied 2 years ago.

Since the 3rd of March 2014

Expert:  Jenny replied 2 years ago.
What was the nature of the error on the claim form?
Customer: replied 2 years ago.

There are 3 where I've put the wrong date in because I don't work bank holidays and I've claimed for these days. When looking at it I can only see I've had visits on different days in the 3 month period and I've put the wrong date in. I use AA route planner to do my joineries and what I have is more but it's different all the time as it chooses the best route which could change daily. The way I record my claims I put miles there and miles back and on some of these I put a 2 way journey there and back when it's only one way because I've visited a couple of stores that day for example Newbury - Christchurch, Christchurch to Bournemouth and then Bournemouth - Newbury, but I've done each of those journeys as Newbury - Christchurch(There are back), Newbury - Bouremouth (there and back) which is a keying error not me trying to fraud the business. I hope this makes sense?

Expert:  Jenny replied 2 years ago.
Your main difficulty here is your length of service. As you have been employed for less than 2 years your employer can dismiss you for any reason so long as it does not discriminate against you on the grounds of your sex, race, religion, disability, age or for raising a health and safety or other complaint.
This means that even though you have made a mistake and you have not done this on purpose if you are dismissed you will not be able to claim unfair dismissal in the employment tribunal. This is one of the major weaknesses of employment law from the employee's point of view.
All that you can do is explain the matter to the employer and to ask them to give you another chance. If you believe you are being discriminated against at all then let me know and I will be able to give you further advice.
I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process.