“A limited number of cases have been decided by the House of Lords, Court of Appeal and the EAT concerning the applicability of the common law concept of ‘frustration’ in the context of the contract of employment. Each of these cases considered the operation of frustration on the employment contract in the context of the employee’s illness (eg see GF Sharp & Co Ltd v McMillan [1998] IRLR 632), their imprisonment (eg see Shepherd & Co Ltd v Jerrom [1986] ICR 802 (CA)), their military conscription of the employee (eg see Morgan v Manser [1948] 1 KB 184), the impact of a change in legislation (eg see Tarnesby v Kensington Chelsea and Westminster Area Health Authority [1981] ICR 615 (HL)), or the employer’s premises becoming uninhabitable (eg see Browning v Crumlin Valley Collieries Ltd [1926] 1 KB 522) …” (more)
[David Cabrelli and Jessica D’alton, UK Labour Law Blog, 1 September]
First posted 2020-09-01 12:16:55
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