Hamilton v Babylife Ltd [2021]
Decision Number: 18140/20IT Legal Body: Northern Ireland Industrial Tribunal
Published on: 12/10/2021
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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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.

Background

The claimant commenced work for the respondent on 3rd February 2020, prior to the opening of the business on the 12th February 2020.  At interview the claimant outlined that she would require 16 hours per week to leave the job she had previously been in.   In terms of her employment with the respondent, the claimant worked variable hours ranging from 11 hours one week to 29 hours another week.  The Tribunal found that this led to a flexible contract without guaranteeing any minimum hours.

The issue arising leading to this case was due to the lockdown announcement on 23rd March 2020 in the UK and the NI Regulations brought in on 28th March 2020, which led to the respondent

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 12/10/2021