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.
A case in which a transfer of undertakings did not transfer liability in relation to a claim of unfair dismissal or harassment made by an employee whose employment was transferred.
The claimant resigned in April 2021 and subsequently brought claims for unfair dismissal and harassment which he said had been perpetrated by another employee at the company. In January 2022 the case went to hearing and the respondent brought an application to amend its response stating that the business had been subject to a TUPE transfer along with the employment of the employee alleged to have committed the harassment. The argument being that the liability for the claims had transferred to the new company.
At first instance,
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