Misconduct dismissals: Unauthorised "favour" was a breach of trust

An industrial tribunal's decision that a painter was unfairly dismissed for using company materials to paint guttering at a house not included in the works contract was flawed, holds the Court of Session in McGuire v Brawley Brothers Ltd. The tribunal had concentrated on the fact that the employee had not received payment for the work and that the value of the materials used had been small, and had failed to give proper weight to what amounted to a breach of trust in a situation where employees worked with little supervision.