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 brought a claim for constructive unfair dismissal as well as arrears in pay, including holiday pay. The primary issue dealt with in this case was whether the claimant had presented his case within time. The claimant’s employment ended on 12th March 2018 but the claim was not presented to the Industrial Tribunal until 7th September 2018.
In terms of outlining the law - for unauthorised deductions from wages, the claim should be presented, in line with Article 55(2) of the Employment Rights (NI) Order 1996, within 3 months from the date of payment of the wages from which the alleged deduction was made.
In terms of unfair dismissal, the same three month time limit is imposed by
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