Mioduszewska v Western Urgent Care Limited [2023]
Decision Number: NIIT 1787/22IT Legal Body: Northern Ireland Industrial Tribunal
Published on: 22/06/2023
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

Background:

The claimant is a medical doctor and was employed by the respondent as a GP from April 2018 until her dismissal on 26th July 2021. The dismissal arose based upon an allegation of drugs theft. However, despite investigation from the PSNI there was no prosecution directed by the PPS.   She lodged a claim on 26th October 2021 claiming, inter alia, unfair dismissal and sex discrimination.

Whilst the claim form was lodged on 26th October 2021 (exactly three months from the effective date of termination) it was rejected as it was not accompanied by the conciliation certificate.   It was lodged by the claimant’s solicitors who were instructed that day.  The claimant conceded that she was aware

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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 22/06/2023