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 confirmed that the minimum wage exemption for domestic workers was indirectly discriminatory against women and unlawful under EU equal pay rights.
Background:
The claimant was a domestic worker in the respondent’s home from 2005 to 2013. The National Minimum Wage Regulation 1999 (Regulation) outlined that such domestic workers were exempt and therefore not entitled to the minimum wage. This was challenged on the grounds that the Regulation was indirectly discriminatory against women and contrary to EU law.
Outcome:
The Tribunal, at first instance, held that the Regulation was indirectly discriminatory on the grounds of sex, and it was not a proportionate way in achieving the aim which related to a live-in worker being treated as a
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