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 case involved ‘check-off’ arrangements whereby employees from the respondent departments would choose to have their Union subscription deducted from their salary at source and paid directly to the Union. This arrangement arose from collective agreements between the government and the unions in the 1960s.
The Government departments unilaterally withdrew the check-off arrangements. They had agreed during the proceedings that that decision was a breach of the contract of employment for individual employees. However, the issue in this case was whether the Union could take an action as they had suffered a loss from a drop in subscriptions. The argument from the Government was that collective agreements were not intended to be legally enforceable. However, the Union
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