A sales manager has lost her unfair dismissal claim after a tribunal heard she openly admitted to defrauding her employer through falsified expense claims in a voice message to a colleague.
Susannah Bennison, 47, was employed by BTL Industries, the UK arm of a Czech medical device company, as a sales manager from October 2019. Her downfall came in October 2022 when she sent a voice note to a co-worker encouraging them to manipulate expense claims, stating: “Sometimes you have to recompensate yourself.”
The Voice Note That Led to Dismissal
In the recording, Bennison described routinely claiming personal meals as business expenses, including family dinners and takeaways ordered through Deliveroo and Just Eat. She advised her colleague to “act smarter” and be “ruthless” in dealing with the company, claiming that employees must “manipulate them back” because “the Czech Republic, their mentality is manipulation and ruthlessness.”
The voice note detailed how Bennison would claim personal meals as customer visits, saying: “If I want to take my kids out for a pizza and pasta on a Thursday night and put the receipt in, I’ll do it like, not a problem.” She estimated the fraudulent claims amounted to “the odd hundred quid, 200 quid here a month.”
Disciplinary Action and Appeal Outcome
Bennington was summoned to a disciplinary hearing in August 2022 following the discovery of the voice note, which also contained disparaging remarks about colleagues and comments regarding Czech nationals, lesbians, and others. She was dismissed with immediate effect for gross misconduct.
While her initial appeal upheld the dismissal, Bennison was reinstated and offered her position back. However, she chose not to return, telling her employers there was “unfortunately no way I could return to work for BTL.” Instead, she pursued claims of unfair dismissal and whistleblowing detriment at Birmingham Employment Tribunal.
Tribunal Rejects Claims
Employment Judge Christopher Camp dismissed both claims, ruling that Bennison’s voice note constituted a “confession of committing imprisonable criminal offences.” The judge stated that regardless of when the message was sent, it represented a clear admission of systematic expense fraud and encouragement of similar behaviour in others.
“The overwhelming majority of employers would deem that voice note in and of itself to be gross misconduct and would dismiss for it,” Judge Camp wrote in his judgment. He noted that Bennison was “extremely fortunate” that her manager was willing to give her a second chance through reinstatement.
Bennison was awarded £2,537 for untaken annual leave, equivalent to three-and-a-half days of compensation.
Why it Matters
This case serves as a stark reminder that workplace misconduct, particularly when captured in digital communications, can have severe professional consequences. Bennison’s casual admission of expense fraud in a voice message not only cost her employment but also resulted in the rejection of legal claims that might have provided financial redress. The tribunal’s decision underscores how employers increasingly view digital evidence of misconduct as grounds for immediate dismissal, while also highlighting the personal accountability employees face when their private communications reveal unethical workplace behaviour. For organisations, the case demonstrates the importance of robust expense policies and swift action when misconduct is identified, while for workers, it illustrates how seemingly minor infractions can escalate into career-ending situations when openly discussed with colleagues.
