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.
Dismissals as a result of refusing to get vaccinated against Covid-19 were fair and did not breach the claimants’ human rights.
Background:
The claimants were employed by the respondent as healthcare providers in their care homes. They were dismissed in May or June 2021 after refusing to be vaccinated against Covid-19 contrary to the respondent’s policy requiring all staff to be vaccinated unless medically exempt. The policy was adopted 6 months ahead of the government mandating it for care homes. The claimants brought claims for unfair dismissal.
Outcome:
The claimants argued that the decision to dismiss and the decision to require vaccination was contrary to their rights under the Human Rights Act 1998 and the European Convention on
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