Commentary

(b) Frustration by reason of illness or injury

Division BI Pay
| Commentary

(b) Frustration by reason of illness or injury

| Commentary

(b)     Frustration by reason of illness or injury

Generally speaking, the courts are reluctant to find that an employment contract has been frustrated, not least because a contract terminated in this way cannot be said to have been terminated by a dismissal within the meaning of ERA 1996 s 95(1), thereby preventing the employee from claiming unfair dismissal. In the case of frustration by reason of illness or injury, there is also the danger that an employee's right to claim disability discrimination may be compromised. This was recognised by Mr Justice Wood in Williams v Watsons Luxury Coaches

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