L v K [2021]
Decision Number: CSIH 35 Legal Body: Court of Session (Scotland)
Published on: 14/07/2021
Issues Covered:
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 was a teacher employed by the local education authority. The police attended the home of the teacher, which he shared with his son, where the IP address head been linked to online indecent images. Both the claimant and his son had been charged but no criminal proceedings were actually brought against either in the end.

The claimant informed the headmaster, and an investigatory hearing and subsequent disciplinary hearing took place.  At both meetings, the claimant stated he did have the computer with indecent images but stated that he did not know how the images had got onto the computer, stating that his son and his son’s friends had access to the computer.  The outcome of

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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 14/07/2021