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 barrister based in England, was a Tribunal Member for the first respondent and a Panel Chair for the second respondent. His work with the first respondent had ended in April 2018 and the work with the second respondent was ongoing. The contractual arrangement with both respondents labelled the claimant as an independent contractor. The basis of his claim was that he was either an employee or a worker under Section 230 of the Employment Rights Act 1996. It was on this basis that he was claiming unpaid holiday pay as well as an age discrimination claim against the first respondent.
On the nature of the relationship between the claimant and the respondents, the claimant’s case was
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