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.
The claimant, a solicitor, was the director and employee of the respondent company. The issue arising was that he accepted a payment of £150 from the father of a legally aided client. This was contrary to the respondent’s contract with legal aid which prohibited ‘topping up’. The respondent company wrote to the claimant outlining that the central allegation was that his acceptance of the payment led to a breach of the respondent’s legal aid contract. Following an investigation and disciplinary hearing, the respondent’s director found that the allegations had been proven and the claimant was summarily dismissed for gross misconduct. The claimant challenged this decision arguing he had been unfairly dismissed.
At first instance, the ET dismissed the unfair
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