Multi-millionaire racehorse owner's driver wins unfair dismissal claim after being sacked because he gave his dog a lamb bone

• Judge rules that property tycoon Raymond Mould did not act reasonably in dismissing 60-year-old Ivor James
• Mr James was fired during a 12-minute telephone call just two days after feeding a piece of gristle to the dog, named Merlin

By Anthony Bond

Published: 15:42 EST, 10 May 2012 | Updated: 17:02 EST, 10 May 2012

A driver sacked by a multi-millionaire 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.

Mr 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 Mr Mould's country estate in Gloucestershire.

Ruling: Property tycoon Raymond Mould, left, did not act reasonably in dismissing  Ivor James, right. He was sacked for feeding a piece of leftover lamb to Mr Mould's Labrador

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

Mr Mould admitted he decided to dismiss Mr 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.'

Mr 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 Mr Mould's shoes would have done this,' the judge said.

Dismissed: Mr James was fired with immediate effect during a 12-minute telephone call just two days after feeding a piece of gristle to the pet Labrador. This picture of a Labrador is posed by a model

'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.'

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

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

The tycoon, whose wealth was estimated at £60 million in 2010, estimated that his phone call to sack his driver lasted around 12 minutes.

Mr Mould told the hearing: 'I was absolutely furious that he (Mr James) could have done such a thing in the light of Merlin's long-term medical history.'

Mr James had been grossly irresponsible in feeding Merlin despite having knowledge of the animal's intestinal problems, which had required an operation in October 2011, Mr 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.'

Mrs Mould also addressed the tribunal.

She pointed out that the incident which led to the sacking had been witnessed by another member of staff.

Claiming that Mr James was given comprehensive guidance on caring for and feeding her dogs, she said: 'It was grossly silly to give a lamb bone.'

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