Driver Ivor James, Fired For Feeding Lamb To Raymond Mould's Labrador, Wins Unfair Dismissal Case

Driver Fired For Feeding Lamb To Labrador Wins Unfair Dismissal Case

A driver sacked by a multimillionaire racehorse owner for feeding a piece of leftover lamb to an ailing Labrador has won a claim for unfair dismissal.

An employment tribunal judge ruled that property tycoon Raymond Mould did not act reasonably in dismissing 60-year-old Ivor James, who also worked as his handyman.

James was fired with immediate effect during a 12-minute telephone call just two days after feeding a piece of gristle to the dog, named Merlin, at Mould's country estate in Gloucestershire.

The businessman, who also has homes in London and France, told the tribunal Mr James had been "grossly irresponsible" in feeding a lamb bone to the Labrador, who could have been killed.

But James told the one-day hearing in Birmingham that Merlin, who had recently undergone surgery after eating conkers, was only given the "fatty end" of a rack of lamb.

Ruling in favour of James, Judge Christopher Camp said he had no reason to doubt the account of the incident given by the claimant.

Mould admitted he decided to dismiss James before he picked up the phone to sack him, the judge ruled, adding: "I don't accept that it is enough to give the claimant merely an opportunity to change the decision-maker's mind."

Mould also failed to speak to a housekeeper who witnessed the alleged misconduct or to conduct an adequate investigation about the incident, the judge noted.

"No reasonable employer in Mould's shoes would have done this," the judge said.

"The claimant wasn't even given the courtesy of a face-to-face discussion.

"Simply picking up the phone and telling somebody that they are sacked is not a way any reasonable employer would behave."

Although Mould acted in the mistaken but genuinely-held belief that the claimant had caused Merlin to undergo emergency surgery, Judge Camp said he was satisfied the dismissal was substantively unfair.

James, a former lorry driver, was sacked from his post at Wormington Manor, near Broadway, shortly after Merlin was rushed to a veterinary hospital in Solihull on November 5 last year.

In his evidence to the tribunal, James said he had finished his own dinner with a fellow staff member and simply fed the dog some gristle.

Under questioning by Mr Mould's barrister, James told the hearing: "The dog was sat there begging so I gave him a piece of lamb meat.

"I didn't consider it was a bone - as far as I was concerned it was a piece of fatty meat."

James, from Upper Rissington, Gloucestershire, also submitted a statement to the tribunal explaining how he began work for Mould at Wormington Manor in September 2009.

His main job was to drive the businessman, his wife and their two children wherever they wished to go, but he also undertook duties as a gardener and set up a workshop.

But James was relieved of his duties in a telephone call on the evening of November 5 after Merlin was taken ill.

Under cross-examination from Mould's counsel, Sam Nicholls, James conceded that he did not examine the piece of lamb in detail and it was possible that it contained pieces of bone.

Mould told the hearing that Merlin belonged to his wife, Caroline.

The tycoon, whose wealth was estimated at £60m in 2010, told the hearing he was "absolutely furious" that James could have done such a thing in light of Merlin's long-term medical history.

The staff member had been grossly irresponsible in his actions towards Merlin despite having knowledge of the animal's "sensitive" intestinal problems, which had required an operation in October 2011, Mould claimed.

The businessman added: "He was perfectly well aware of what happened to the dog a month before.

"He was aware that Merlin had problems from eating conkers that had lacerated his intestine."

Speaking after the ruling, James' solicitor, Simon Collingridge, issued a brief statement to the media.

Collingridge, of Cheltenham-based law firm Sherbornes, said: "Mr James feels vindicated by the employment judge's decision.

"He is relieved to have the case behind him so that he can get on with his life."

The precise terms of a compensation settlement in the case will be ruled on by the judge at a later date.

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