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 Tribunal ought to have been aware of the need to consider alternatives to dismissal within the general fairness and reasonableness when it comes to making a dismissal, so it would be considered even if it was not raised.
The claimant was employed from 1994 until 2019 as an operational postal grade worker. The claimant was dismissed following the application of the respondent’s absence management policy. This was as a result of regular and substantial periods of absence between 2015 and 2019. There were 32 periods of absence amounting to 297 days in total. The respondent in making their decision stated they had no confidence that the claimant’s attendance would improve. When it came
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