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 was from Nigeria and identified as Black African. He was employed by the respondent as a postman. The claimant undertook a number of courses leading to qualifications (including postgraduate) in computing. As a result of the qualifications, he applied for 30 internal posts in the IT and Management areas. He was unsuccessful in applying for these roles. As a result, he brought a claim for direct and indirect discrimination on the basis of race due to his failure in the application process.
It was found at the initial tribunal hearing that the claimant had failed to demonstrate discrimination, either direct or indirect. The EAT, however, held that there was an error in the burden of proof suggesting
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