McEldowney v Randox Farming Ltd t/a Cherryvalley Farms [2021]

The claimant was employed from 5^th December 2014 until his dismissal on 10^th August 2018 as a Shepherd.  The issue arose from an event on 26^th July 2018 when the claimant took a dead lamb, skinning it and removing its head before taking it to the cold store.  The Farm Manager was present when the claimant placed the lamb into the cold store.   The following day the claimant was suspended on full pay and following a disciplinary hearing he was dismissed with immediate effect.  The reason for the dismissal was gross misconduct on the basis of the illegal and unauthorised butchering of the lamb owned by the respondent.  There was also an allegation of the