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Frustration of contract: Contract frustrated by long-term sickness

This report relates to 1 case(s)

In Hogan v Cambridgeshire County Council 26.7.01, EAT 382/99, the EAT upheld the finding of an employment tribunal that an employee's contract of employment had been frustrated by long-term incapacity due to sickness. The tribunal had correctly identified and considered the relevant factors and was entitled to reach the conclusion that the contract had been frustrated, even though the contract contained an ill-health termination procedure that had not been brought to a conclusion.