Walker v Old Swinford Hospital School [2020]
Decision Number: 13002820/2018 Legal Body: Employment Tribunal (England & Wales)
Published on: 03/11/2020
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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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 claimant began working for the respondent in June 2014 as a technician in the Art, Food Technology and Design and Technology Departments.   This was initially on a part-time basis, but he moved into a full-time role in February 2016.   The claimant was subsequently dismissed in September 2017.

The issue leading to the dismissal was absence and lateness during 2016 into early 2017.  The claimant was an individual with a disability within the definition given in the Equality Act 2010. The Claimant’s disability was both a physical impairment, psoriatic arthritis, and a mental impairment, that being depression/anxiety.  He had these disabilities during the relevant periods before the dismissal.

The level of absence and lateness increased in early 2017 which

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/11/2020