Patrick Elias

Sir Patrick Elias, QC (born 28 March 1947), styled The Rt Hon. Lord Justice Elias, is a Lord Justice of Appeal.^[1]

Early Life and Education

Patrick Elias was born in Cardiff^[2] and received his undergraduate degree, LL.B with first-class honours, at Exeter University in 1969, where he was a member of both the rugby and cricket teams. He was called to the Bar in 1973 (Inner Temple). His brother is barrister Gerard Elias QC.

Professional Life

Before becoming a Bencher in 1995, he was a fellow of Pembroke College, Cambridge^[3] and served as Assistant Recorder from 1997 to 1999.

He was appointed Deputy High Court Judge in January 1999 and four months later, in May 1999, he was named Judge of the High Court, Queen's Bench Division. He was President of the Employment Appeal Tribunal from 2006 to 2009.

Mr Justice Elias was knighted in 1999. On 3 March 2009, he was appointed to Her Majesty's Privy Council.

Decided cases

• Wilson v United Kingdom [2002] ECHR 552 (represented the employer: lost)
• Eweida v British Airways plc [2009] IRLR 78 (held a woman who wore a cross had no claim for religious discrimination: overturned)
• Royal Mail Group Ltd v Communication Workers Union [2008] UKEAT 0338_08_0212 (held employer was not responsible for its own failure to inform and consult staff about business changes)
• X v Mid Sussex Citizens Advice Bureau [2011] EWCA Civ 28 (held a volunteer had no rights against discrimination)
• RMT v Serco Ltd [2011] EWCA Civ 226 (stated obiter that unions had no right to strike at common law)
• Clyde & Co LLP v Bates van Winkelhof [2012] EWCA Civ 1207 (held a partner had no claim against detriment for whistleblowing: overturned)
• Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 (held there is no proportionality test in unfair dismissal)
• Smith v Carillion (JM) Ltd [2015] EWCA Civ 209 (held a blacklisted union member could be persecuted because he was an agency worker)

Notes