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 claimants (a husband and wife) decided to become foster parents. They undertook the training and signed a document under the Looked After Children (Scotland) Regulations 2009. This document provided that the claimants would be paid a fee (c. £30,000 p/a) and would be entitled to four weeks’ holiday. The claimants sought to bring a number of claims against the Council, yet the preliminary issue of their employment status had to be determined first. The Payment Policy outlined that the foster carers were to be ‘self-employed’ and the general position taken by the Council was that the relationship was a statutory one rather than a contractual one so they should not be regarded as employees.
To determine the employment
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