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.
Appeal allowed outlining that the respondent could rely upon a legitimate aim in paying warehouse staff more than retail workers due to market forces in relation to recruitment and retention.
Claims were brought on behalf of approximately 3,500 retail sales consultants working in Next Retail. The complaint was that they were paid less than their comparators who were operatives in the warehouses. Over the period, 77.5% of retain consultants were female and the warehouse was approximately 52% male. Additionally, a much higher percentage of retain consultants worked part-time.
The claim was that there was a breach of equal pay as set out in Section 69 of the Equality Act 2010.
The findings of fact demonstrated that the
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