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 claimant was employed as an executive assistant from April 2019. She was only in the job for approximately 4 months when she resigned. The basis for the resignation was alleged harassment that she had faced based upon race, sex and disability. The claimant argued that the harassment led to her resigning and it was constructive dismissal.
The Tribunal, at first instance, stuck out the claim for constructive dismissal citing that the decision of Timothy James Consulting v Wilton had established that constructive dismissal could not amount to harassment. This was appealed to the EAT. The basis for the decision in Timothy James Consulting was that Section 26 of the Equality Act 2010 dealing with harassment did not allow
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