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 EAT held that salaried judges could not be both full-time and part-time workers when “sitting up”, overturning the Tribunal’s finding of less favourable treatment and remitting the case for further fact-finding.
Background:
The claimants were full-time salaried judges at various levels. On occasion, the judges were asked to ‘sit up’ in higher roles. They received no additional remuneration with it being regarded as part of their salaried role. The claim was that they were part-time workers when they acted up and that they should not be treated less favourably than their full-time comparators in those higher roles. As a result, they sought the higher rate of pay when they sat-up.
Outcome:
The Tribunal, at first instance, found
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