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 was employed as a laser cutter from July 2019. The issue arose in March 2020 when the claimant initially came into work (after lockdown had been announced) but then texted his manager to say he was going to stay at home because he had a child with an underlying health condition. The employer had put steps in place and the workspace was a large warehouse which typically had no more than 5 employees in the building. The claimant was dismissed in April 2020. The claimant claimed automatic unfair dismissal citing health and safety grounds.
Both the Tribunal and EAT dismissed the claimant’s case. They found that the decision to stay off work was not directly
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