ABSTRACT

The common law doctrine of frustration deals with situations where, as a result of some event outside the control of the parties, the contract becomes impossible to perform, at least in the way that the parties intended. There are a number of ways in which a contract of employment, like any other contract, can be brought to an end. It can occur because the performance of the contract becomes impossible or because one of the parties brings it to an end. However, an assessment needs to be made about whether any long-term incapacity has become a disability, thus providing the individual with protection under the Equality Act 2010. Sometimes employees resign on the spur of the moment because they have become angry or discontented about some actions of the employer. Termination by mutual consent is an important concept that has been widely used by employers in order to reduce the number of staff.