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.
Claimant was no longer eligible for a visa due to salary thresholds; decision to dismiss was fair for some other substantial reason.
The claimant was employed by the respondent as an associate from December 2021 until April 2025. The claimant was employed by way of a graduate visa from 2021-2023 and from 2023 he was on a two-year new entrant skilled worker visa. In April 2024, the Home Office increased the salary thresholds for sponsored workers. These were policy decisions and outside of the control of the respondent.
The claimant’s role was reclassified as SOC code 2431 and following this it meant that he no longer met the eligibility criteria for a skilled worker visa. The claimant had a meeting with the respondent to discuss the situation which involved a meeting with external immigration consultants as well as the potential of relocation to an office in the Republic of Ireland. The claimant confirmed that he did not want to pursue living and working in the Republic of Ireland. Following a meeting, the claimant was informed that his employment would terminate on 16th April 2025. The claimant internally appealed and the original decision was upheld. The claimant brought a claim for unfair dismissal.
The Tribunal held that the respondents had a fair reason for the dismissal. The expiry of the claimant’s right to work in the UK and the inability to continue to sponsor him due to the increase in the Home Office salary threshold was the fair reason. This was for ‘some other substantial reason’ as set out in the legislation. Additionally, the Tribunal found that the respondent’s process was reasonable in the circumstances.
Immigration policy is forefront in terms of political campaigning as seen from the political parties and the news. This is likely to lead to change to policy and law surrounding visas and part of this was seen in this case. The Tribunal finding that an increase in the salary threshold meant that it would constitute some other substantial reason for having to make a decision to dismiss. It was interesting that this company could provide the opportunity to relocate to the Republic of Ireland and it may be something that has to be considered with cross-border operations in Northern Ireland should there be changes which affect individual employees.
You can read the case in full here.
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