Length of service

Case 4: The facts

Mr Strouthos borrowed a company vehicle without express permission, drove it to Belgium and on the way back had its goods impounded under suspicion that the amount of alcohol being imported was not for personal use. The employer dismissed him for gross misconduct. An employment tribunal accepted that his conduct amounted to a breach of trust but took his service and disciplinary record into account in finding that the dismissal was unfair.

The ruling

The EAT ruled that taking the vehicle without authority amounted to a breach of the implied term of trust and confidence and that this of itself was capable of amounting to a fair reason for dismissal. It also held that the employment tribunal had been wrong in relying on his service and previous disciplinary record to turn a fair dismissal into an unfair one.

LU v Strouthos EAT/0016/03