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 employed as Long Haul Cabin Crew. He was dismissed by reason of incapability following a lengthy sickness absence. This decision was made in August 2017 to take effect in January 2018. The respondent continued to extend the termination date of the claimant’s contract until December 2018 when they declined to extend it any further. The effective date of termination was determined to be 21st December 2018.
When the initial decision was made in August 2017 the claimant had been unable to fly for over a year. The Absence Management Policy of the respondent had been incorporated into the contract of employment of the claimant. The issue raised by the claimant was that the successive extensions
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