"Frustrated" claim
16th May 1991, Page 18
16th May 1991
Page 18
Page 18, 16th May 1991
— "Frustrated" claim
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Keywords :
Unfair Dismissal, Employment Tribunal, Employment Law, Termination Of Employment, English Contract Law, Law / Crime, Labor
• A claim for unfair dismissal Made against Alfreton-based Allegro Trans port has been rejected by a Nottingham industrial tribunal on the grounds that the contract of employment of the driver concerned had become "frustrated".
The company denied dismissal and the tribunal was told that Paul Toon-Poynton had suffered a serious heart attack and was compelled to surrender his HGV driving licence in December 1988.
The tribunal said that as a matter of law a contract could be brought to and end by "frustration", when circumstances arose which made it impossible for the parties to fulfil their contractual obligations.