Ballerino v The Racecourse Association Ltd [2024]
Decision Number: EAT 98 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 27/06/2024
Issues Covered:
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
LinkedIn

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.

Claimant:
Helen Ballerino
Respondent:
The Racecourse Association Ltd
Summary

A decision dismissing the claimant’s claim for unfair dismissal when on maternity was regarded as unsafe as the Tribunal did not determine if there was a genuine redundancy situation.

Background

The claimant was dismissed during her maternity leave by reason of redundancy.  The claimant argued that the redundancy was a sham and that she suffered less favourable treatment because of her sex and/or because of the pregnancy and maternity.

The issue arose when a new Chief Executive sought to recruit a Business and Financial Analyst during the claimant’s maternity.   During the process it was then decided that it would include the claimant’s position. The claimant was then informed that she was at risk of redundancy due to

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

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 27/06/2024