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:
The claimant brought a series of claims against her previous employer, the respondent. The issue arising at the Tribunal and before the Court of Appeal related to Tribunal procedure leading to a strike out of her claims.
The claimant instructed a firm of legal representatives who submitted the claim on her behalf. The Tribunal sent the correspondence to the legal representatives relating to her claim and not to the claimant directly. The correspondence was not acted upon and the case was struck out on the basis of non-compliance. The claimant appealed that decision to the EAT and subsequently to the Court of Appeal.
Outcome:
The EAT held that the overall interests of justice had to be taken into
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