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.
This was a rehearing from an EAT decision which we reviewed in July 2020. The issue for the EAT in that hearing was the different rules that were applied relating to capability for long-term absence and disability discrimination. Both parties had appealed with the claimant appealing the decision to dismiss the unfair dismissal refusal and the respondent appealing the decision to uphold a claim of disability discrimination. This was based upon some contradictory findings that were originally made by the ET.
The factual background was that the claimant worked for the respondent as a till operator since 2012. In 2016 she suffered a shoulder injury and never returned to work. There were a series of welfare meetings
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