Employment – Contract of service. The employment tribunal (the tribunal) had allowed the employer's counterclaim against the employee for breach of implied contractual terms of good faith, trust and confidence. In allowing the employee's appeal against that decision, the Employment Appeal Tribunal held that the tribunal had applied the wrong test by failing to decide for itself whether the employee had actually done what had been alleged, and further, on the evidence, there had not been a breach of contract by the employee, as alleged.