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Contracts of employment: No right to pay in lieu of notice after frustration

This report relates to 1 case(s)

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    GF Sharp & Co Ltd v McMillan [1998] IRLR 632 EAT (0 other reports)

An employee's contract was frustrated when injury made him unable to work again for his employer and, as the contract ended by operation of law rather than by the employer's termination, the employee was not entitled to payment in lieu of notice, holds the EAT in GF Sharp & Co Ltd v McMillan 24.2.98 (S)EAT 1271/97. The fact that the employee was "kept on the books" by the employer in order to ensure he received enhanced pension benefits did not keep the contract of employment alive once frustration had occurred.