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.

Case law concerning the doctrine of frustration indicates that Courts will be slow to treat a contract of