Updated to include information on Private Medicine Intermediaries Ltd v Hodkinson and others, in which the EAT upheld the finding of constructive dismissal in circumstances where the employer had raised performance concerns with an employee on sick leave.
Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.
Definition from the XpertHR glossary.
In Prior v City Plumbing Supplies Ltd EAT/0535/11, the EAT upheld the tribunal’s decision that an employee who was unfairly dismissed when his employer erroneously believed that his imprisonment had frustrated the contract of employment had contributed to his dismissal.
A model letter informing an employee of frustration of his or her contract of employment.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct.
In Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust  IRLR 100 HC, the High Court has held that a surgeon's contract of employment was not terminated by operation of the doctrine of frustration.
In Four Seasons Healthcare Ltd v Maughan, the EAT holds that frustration of a contract of employment requires some outside event or extraneous change of situation not foreseen by or provided for by the contract. The existence of a detailed disciplinary procedure specifically dealing with patient abuse should inhibit a tribunal from finding frustration.
The case of a care home nurse suspended over an allegation of assault proves that employers must make sure they have contractual grounds to withhold pay. By Julie Quinn, partner, employment department, Allen & Overy.
HR and legal information and guidance relating to frustration of contract.