Warner v Armfield Retail & Leisure Ltd (Contract of Employment : Frustration) [2013] UKEAT 0376_12_0810 (8 October 2013)

Warner v Armfield Retail & Leisure Ltd (Contract of Employment : Frustration) [2013] UKEAT 0376_12_0810 (8 October 2013)

The doctrine of frustration can apply to contracts of employment involving disabled employees only if the employer is not in breach of the duty to make reasonable adjustments. The Tribunal correctly found no breach of this duty and was entitled to find frustration. However, the Tribunal failed to address whether dismissal without any procedure constituted unfavourable treatment under the Equality Act 2010, requiring remission.

Citation
[2013] UKEAT 0376_12_0810
Parties
Appellant/claimant: Mr Alan Warner; Respondent/employer: Armfield Retail and Leisure Limited
Jurisdiction
United Kingdom
Judgment Date
08 October 2013
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment Dated 3 May 2012
Outcome
Appeal allowed in part; dismissed in all other respects.
Legal Topics
Frustration of Contract, Unfair Dismissal, Disability Discrimination, Reasonable Adjustments
Employment Law Equality Law Frustration of Contract Unfair Dismissal Disability Discrimination Reasonable Adjustments

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Parties

Mr Alan Warner

Appellant/claimant

Armfield Retail and Leisure Limited

Respondent/employer

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment Dated 3 May 2012

Legal Issues

  1. 1 Whether the doctrine of frustration can apply to terminate a contract of employment where the employee is disabled and the duty to make reasonable adjustments arises under the Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in law in holding that the contract was frustrated
  3. 3 Whether the Tribunal failed to address the argument that dismissal without any procedure was unfavourable treatment under the Equality Act 2010

Ratio Decidendi

The doctrine of frustration can apply to contracts of employment involving disabled employees only if the employer is not in breach of the duty to make reasonable adjustments. The Tribunal correctly found no breach of this duty and was entitled to find frustration. However, the Tribunal failed to address whether dismissal without any procedure constituted unfavourable treatment under the Equality Act 2010, requiring remission.

Court Disposition

Appeal allowed in part; dismissed in all other respects.

Orders

  • Remitted to the same Tribunal to consider whether the Respondent treated the Claimant unfavourably by failing to carry out any form of capability procedure and by dismissing him without enquiry or procedure.