Frustration of ContractPosted in : How do I handle it NI on 10 February 2015
We have an employee who has been absent due to sickness for two years. For the last year the employee has not provided any evidence of ongoing sickness and we have not attempted to contact him. Due to the length of absence can we now say that his contract is terminated by frustration?
Sharon McArdle writes:
A contract which is frustrated is discharged by operation of law, and in the case of an employment contract, this does not count as a dismissal under the Employment Rights Order. Frustration is usually deemed to occur independently of the fault of either employee or employer.
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
This article is correct at 06/08/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.