Mr Godsland worked for the firm that has the contract to carry out the National Car Tests. He was dismissed because he carried out a test on his own vehicle. Applus argued that this was against their policies - employees could have one free test per year but were not permitted to carry out tests for their own vehicles or those of close friends or family. The claimant said he had not been informed of this policy.

The employer argued that integrity was vital to their business and they had issued guidelines which included the following advice:

• Avoid situation that may require you do something which you know to be illegal or unethical
• Company property may not be used