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 respondent is an employment agency and it provides agency workers to the Royal Mail. The issue arising in this case related to Regulation 13 of the Agency Workers Regulations 2010. This provides that an agency worker has during an assignment the right to be informed by the hirer (Royal Mail) of any relevant vacant posts. This is to give the agency worker the same opportunity as a comparable worker to find permanent employment with the hirer.
The respondent argued that the ET had failed to properly interpret the Regulation. They argued that the agency worker only needs to be informed of the vacancies rather than being given the opportunity to apply for them. The EAT allowed an
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