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 EAT ruled that compensation for failure to reinstate cannot exceed the statutory cap, and any adjustment to that cap is permitted only to the extent necessary.
Background:
The claimant, a lecturer at the respondent university, was found to have been unfairly dismissed. The claimant sought a reinstatement order and this was granted by the Tribunal. The issue was that the respondent refused to reinstate the claimant. Therefore the Tribunal awarded:
- Basic Award - £11,025
- Compensatory Award - £67,469.78; and
- Additional Award - £27,300
The respondent argued that the compensatory award should have been capped at one year’s gross pay. This should have taken into account the compensatory award and the additional award. The respondent appealed this decision.
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