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.
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