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 claimants brought equal pay claims. The claimants did apply to ACAS for an early conciliation certificate but on some of the claim forms it was omitted. The rules of procedure required that the Tribunal staff should refer those claims to the Employment Judge but there was no automatic rule rendering the proceedings void. Instead, the Tribunal could waive or vary the requirement.
At first instance, the Tribunal permitted all claims where there was an early conciliation (EC) number but rejected those where there was no number. This was appealed to the EAT who stated it was not a mandatory requirement and allowed the appeal. The respondent appealed to the Court of Appeal.
Outcome:
The Court of Appeal
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