Sick redundancy tale
Page 21
If you've noticed an error in this article please click here to report it so we can fix it.
DRIVER who had been off work sick since 1976 was not Ititled to a redundancy payment when his employer ceased trade last year, according to a Birmingham Industrial ribunal. _ It dismissed a claim for payent from class one hgv driver . F. Holroyd who had been nployed by J. Crichton (Trans)rt), saying his contract of nployment had been "trustled", For Mr Holroyd, it was gued that the contract was still existence when the business osed, and therefore he was rtitled to a redundancy payent. In spite of his absence he 35 still capable of driving, and was possible that he might :er resume his employment. le company disagreed.
The Tribunal said that the
■ ctrine of "frustrationwas sed on the fact that neither of e parties had directly or nsciously brought the conict to an end. In such cases, it is such factors as illness and sence from work which led to discharge of the contract. Mr Holroyd was absent from ly 1976 due to chronic )richitis. A doctor had cered that he was unable to carry his work. From then on, he
handed in medical certificates. until the company said it took his absenCe and illness as a recognised fact, and told him that it was no longer necessary to continue to hand them in.
The Tribunal said that having regard to the nature of the illness, the length of absence, the likelihood that it would continue, and the lack of any evidence that his condition had improved, this was a case where "frustrationoperated.
At some time which the Tribunal need not define, but well before the claim was made, the contract of employment had already been terminated.