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 claimant was the respondent’s Chief Executive. Under his contract, it allowed for termination by three methods:
12 months’ written notice by either party;
Immediate termination by the employer with payment in lieu of notice; or
Summary dismissal on the basis of gross misconduct.
In 2017 the claimant attended an event where he assaulted a colleague. He subsequently stated that he was unable to perform his duties due to illness. The respondent dismissed the claimant on the grounds of gross misconduct.
The claimant brought a claim citing wrongful dismissal on the basis that the assault did not satisfy the criterion of ‘gross misconduct’. He claimed for 12 months’ salary as well as compensation for the loss of particular
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