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 was employed by the respondent as a catering assistant. During the pandemic, the respondent required employees to wear face masks in compliance with the Scottish Government Regulations under the Coronavirus Act 2020. The claimant disagreed with this and asked the respondent to provide the scientific basis for wearing masks.
Disciplinary proceedings were brought against the claimant for her refusal which led to dismissal for gross misconduct. The claimant brought a claim for unfair dismissal.
Outcome:
The claimant made an argument based upon Schedule 19, Paragraph 3 of the Coronavirus Act 2020 which stated that individuals could not be required to undergo medical treatment including vaccination or other prophylactic treatments. She argued that the requirement to wear
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial