The employee alleged that he had been the subject of an unfair investigation and had been dismissed for taking his employer’s van home, when taking vehicles home was commonplace and was generally done to expedite work routines the following day.  On the day in question, a Saturday, the employee  informed the adjudication officer hearing the case, that he had received an urgent call regarding a family emergency and subsequently had taken the van to bring his mother to hospital.

The employer defending the claim was a high profile charity with their logo prominently displayed on the van.  The adjudication officer was informed that a colleague was called by the employee to retrieve the van from the car park