The appellant initially made a claim of Unfair Dismissal, disability discrimination and breach of contract. The appellant believed that the respondent should have made reasonable adjustments to help him return to work. The appellant then appealed against an employment tribunal’s decision that his contract of employment had been frustrated by his disability.

The appellant had worked for the respondent for six years when he suffered a severe stroke which left him unable to walk. The appellant received discretionary sick pay from the respondent for five months, and then in January 2011 the respondent sent him a letter terminating his employment. A medical report had stated that the appellant’s mobility was still severely affected and that he was unable to lift objects with his right had and it was unlikely that he would return to full capacity.

Mr Warner made The Employment Appeal Tribunal dismissed the employee’s appeal in respect of frustration, ruling that the tribunal had applied the correct test, but allowed the appeal in respect of the discrimination claim as the tribunal has not dealt with that aspect of the claim effectively. It is important to remember that the doctrine of frustration may only apply after the duty to make reasonable adjustments has been resolved discharged. The appellant made a claim of Unfair Dismissal, breach of contract and disability discrimination, maintaining that his employer was under a duty to make “reasonable adjustments” in order to help him return to work. http://bit.ly/1aenvaA