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.
No requirement for the basic award to be paid when the claimant had an ongoing unfair dismissal case when his employer entered administration.
The claimant had commenced proceedings against the respondent for unfair dismissal. After filing an ET3 denying liability, the respondent became insolvent and went into administration. The claim was stayed but the claimant submitted a proof of debt to the administration for the full basic award and maximum compensatory award. The administrator accepted the debt and paid 2.52% of the amount.
The claimant then also applied to the Insolvency Service for payment of the basic award and this was rejected. That was the basis of this claim to the EAT.
At first instance, the Tribunal
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial