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 employed from October 2015 as a Bus/Coach Driver by the respondent. His contract of employment outlined that the hours of work would vary depending on the needs of the business and that the employee should make the office aware of the availability to work. The claimant brought a series of claims largely relating to the Disability Discrimination Act.
The Tribunal acknowledged that the case had an inherent degree of complexity and encompassed a significant amount of evidence relating to a range of issues which went back a number of years. These issues permeated from changes of hours which were related to contracts, having job offers, furlough pay and issues relating to bonus pay.
Outcome:
The Tribunal in acknowledging the history around some of the claims stated that they were clearly out of time, as some stretched to the beginning of employment in 2015, and as a result were out of time by many years. In terms of some of the allegations that were put forward there was one which the claimant argued amounted to harassment and discrimination on the grounds of disability. This related to a job offer where the claimant was referred to as a ‘timebomb’ and the claimant alleged that this was discriminatory on the basis of his disability relating to mental health and depression. The maker of this statement, a Mr Sinnamon, stated that it was not in any way connected to the claimant’s mental health and that was agreed by the Tribunal. It was, instead, relating to the frustration that was faced with particular aspects of the claimant. Another point related to the claimant driving with one shoe off due to foot pain and the respondent, when becoming aware of it, seeking guidance from their insurer. However, this again was without sufficient evidence and in any event was deemed to be out of time.
Considering all the allegations the Tribunal found that the claims were not successful.
Practical Guidance for Employers:
This case provides some difficulty in following the range of allegations and claims that were being brought by the claimant. As expertly done by the Tribunal, they have been listed claim by claim to allow for a proper appreciation of them without conflating various issues. HR professionals and employers should be cognisant of when issues arise and to likewise ensure that they are treated separately and professionally at each turn.
NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/
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