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.
Susan Brimacombe
Shamrock Farm Enterprises Ltd
Claimant got an award for arrears of pay and holiday pay when only worked for one month and received no pay from the respondent.
The claimant started employment as a Territory Manager (NI) in April 2024.The respondent was based in the Republic of Ireland but the claimant was based in Northern Ireland and worked from home. The claimant resigned on 21st May 2024 and worked for her one week notice period. The claimant thus worked for 5 weeks and was not paid.
The claimant brought a claim for the arrears of pay as well as holiday pay accrued through the very short period of employment. The respondent did not appear at the Tribunal and was not represented. The Tribunal accepted the claimant’s argument regarding arrears of pay and the 5 weeks’ pay worked out at £3,315.00 and the holiday pay was calculated at 2 days considering the length of time worked which was set out as £124.00 when subject to deductions.
A case that is fairly straight forward but does demonstrate the very simple point of ensuring that individuals are paid for the work that has been done and that holidays accrued during even short periods of employment should be paid for. The fact that the respondent did not participate in the proceedings meant that the claimant’s views and evidence was unchallenged and accepted.
NI Tribunal decisions are available on the OITFET website:
https://www.employmenttribunalsni.co.uk/
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