Mason v Wilko Limited [2023]
Decision Number: Case No: 2603125/2021 Legal Body: Employment Tribunal (England & Wales)
Published on: 10/04/2024
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
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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

Background:

The claimant worked for the respondent as a customer services assistant from October 2003 until she resigned in September 2021.   As a shop worker she had the right to opt out of Sunday working.

The claimant became a local Trade Union representative in 2010.  She came into possession of guidance in 2012 from HR to Line Managers.  This related to guidance providing three contracts depending on Sunday opt-out.  They were without the opt-out, with an opt-out and reduction in hours or with the opt-out with a redistribution of hours across the other days.   The claimant gave notice of her right to opt out of Sunday working in January 2016.  This was shortly before

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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 10/04/2024