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 applicant, UO, was a member of the Rapid Intervention Police in Hungary. This is a special unit carrying out specific missions. In face of the migrant crisis, UO was a member of a border patrol and he had to carry out extraordinary alert duties and ‘on-call’ duties outside of normal working hours.
The on-call periods were classified as rest time and only warranted an ‘on-call supplement’. The claimant’s case was that he was performing his duty outside of normal duty hours and it should be classified as working time under the Working Time Directive. This would have entitled him to receive an extraordinary duties payment rather than the mere supplement.
A reference was made by the Administrative and
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