In Four Seasons Healthcare Ltd v Maughan, the EAT holds that frustration of a contract of employment requires some outside event or extraneous change of situation not foreseen by or provided for by the contract. The existence of a detailed disciplinary procedure specifically dealing with patient abuse should inhibit a tribunal from finding frustration.
In Webley v Department for Work and Pensions, the Court of Appeal holds that an employer's practice of refusing to renew fixed-term employment contracts once 51 weeks of service had elapsed was not unlawful under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
In Candler v ICL Systems Services IDS Brief 562 EAT, the Employment Appeal Tribunal held that, although scheduled telephone standby duties could be terminated by giving four weeks' notice, the only power to vary them was the general power to vary, which required 26 weeks' notice.
In Coutts & Co plc v Cure; Royal Bank of Scotland v Fraser, the EAT holds that, in a case where an employer refused to pay a non-contractual bonus to all non-permanent employees, including some fixed-term workers, the tribunal did not err in law by holding that the reason for the less favourable treatment was on the ground of the employees' status as fixed-term workers.