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.
Tribunal had identified a possible argument from the claimant’s case but the claimant’s failure to change course and adopt that argument meant that it did not have to be determined by the Tribunal.
The first line of the EAT judgment asked, ‘How far should an Employment Tribunal go to assist a litigant in person who may be advancing the wrong legal case?’
The claimant worked under a tripartite arrangement involving a recruitment agency. Despite that he maintained before the Tribunal that another entity employed him and the respondent was liable as their agent. The position was explained to the claimant at a case management hearing relating to the contract-worker provisions within Section 41 of the Equality Act 2010.
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