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.
The claimant, a trade union, applied to the High Court for a declaration that the UK had failed to properly transpose Article 8(4) and Article 8(5) of the EU Health and Safety Framework Directive 89/391 on the basis that the UK only covered employees and not others with different employment status. These Articles allowed for workers to leave their workstations where there is serious, imminent, or unavoidable danger without being placed at a disadvantage.
The Directive required certain protections for ‘workers’ which was defined within Article 3 of the Directive as:
‘…any person employed by an employer, including trainees and apprentices but excluding domestic servants’
The claimant, whose membership was predominantly low-paid workers and those within the ‘gig economy’
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