At what point can an employer justify “frustration of contract”?

Posted in : First Tuesday Q&A NI on 1 July 2014
Emma-Jane Flannery
Arthur Cox

A contract of employment may come to an end when an unforeseen event makes performance of the contract impossible or radically different from what the parties originally intended. The contract is then said to have been “frustrated”.

When a contract is frustrated it ends automatically by operation of law, without a dismissal on the part of the employer or a resignation on the part of the employee, and the parties are discharged from further obligations under it.

Frustration of employment contracts is most likely to arise in cases where an employee suffers a prolonged or sudden illness or

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery