FLAMBOYANT racing pundit John McCririck could only have been sacked by Channel 4 if he was employed by them in the first place, a tribunal heard.

The 73-year-old was axed last October after a gradual drop in the time he appeared in Channel 4's racing coverage. Claiming age discrimination, he is now suing the broadcaster and IMG Sports Media for of £3 million. Both companies deny his claim.

The broadcaster says the betting expert who became one of its best-known faces was never its employee and he had been commissioned to work for them by Highflyer, who produced the channel's racing coverage before IMG took over.

McCririck, of Primrose Hill, north London, said in a statement that in 1983 he signed a deal with Highflyer, which was to produce racing programmes for Channel 4.

"The racing on Channel 4 became an immediate success and became a flagship programme on a Saturday afternoon," he says. "Due to my perceived extravagant personality, I became one of the main faces of the programme and indeed of Channel 4. Again, as part of my contract, I was unable to send in a replacement. I would have to organise my personal life and other activities around Channel 4."

When the contract to produce Channel 4 Racing was awarded to IMG last August, the presenter assumed his contract would simply transfer over.

In January 2008 he was told the number of days he would work would be considerably cut, and was "furious".

He said: "I had considered Channel 4 to be main employment and was extremely unhappy that my hours and pay would be reduced."

Channel 4 agreed to make him an ex-gratia payment of £20,000, he says.