Balcetis v Ulsterbus Ltd & Translink [2021]
Decision Number: NICA 9 Legal Body: Court of Appeal (Northern Ireland)
Published on: 12/04/2021
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimant was diagnosed with kidney cancer and was subsequently off on sick leave for a long period.   He regularly attended occupational health appointments and in October 2015 he raised issues with working with chemicals.  Occupational health made contact with the claimant’s consultant who stated there were no chemicals in the workplace that meant the claimant’s duties had to be restricted.   He was given various redeployment opportunities, but never availed of them.  As a result of the refusal to return to work, the claimant was dismissed from his employment.  He brought a claim based upon unfair dismissal and disability discrimination, but this was dismissed by the Industrial Tribunal.  The claimant appealed to the Court of Appeal.

The basis

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 12/04/2021