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:
This case related to a strike out application of the claimant’s claim for a protective award and unlawful deduction from wages. The issue relating to the protective award relating to the dismissal was actually evident when the claimant said herself that the employee representatives were consulted. The argument that she had been telephoned in the middle of night and told that she had been forgotten about was made in this respect.
In terms of the unlawful deduction from wages claim, it related to the fact the claimant was suspended in March 2022 but was instructed to return on 20th April 2022. From 11th May 2022 until her dismissal in December 2022 she was on sick. The claimant asserted that she was, in fact, suspended from work at that point and was entitled to full pay.
Outcome:
On the protective award, the Tribunal struck that claim out citing that the claimant herself had acknowledged that there had been a consultation with employee representatives. On the unlawful deduction from wages, it was more complex with the Tribunal being told that there were three versions of the dismissal letter. Despite asking for these, there was a letter shown outlining the termination of employment and the financial consequences. This did not state that the claimant was suspended or entitled to any pay relating to the period between May-December 2022. Therefore, considering the lack of evidence relating to the unlawful deduction claimed the claim was struck out.
Practical Guidance for Employers:
A learning point arising from this case is ensuring that dismissal letters are clear in terms of the position that existed prior to the dismissal, the reasons for the dismissal and the pay arrangements consequent upon the termination of employment. This made it clear that there was no entitlement to full wages from May 2022 as there was no period of suspension and that protected the employer here.
The full case is available here:
https://assets.publishing.service.gov.uk/media/655b1ed2046ed400148b9b88/Ms_L_Arafat_v_Strike_Ltd_-Judgment_6000860.2023.pdf
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