The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee.
Held: The contract came to an end upon the grant of ill health retirement benefits, without the need to give explicit notice, and therefore the question did not arise as to whether there was any duty to dismiss (though there would be none falling on the employer alone). Contractual pay during a period of notice would not normally be payable.
The Hon Mr Justice Lindsay
[2003] EWHC 2708 (Admin)
Bailii
Teachers’ Pensions Regulations 1997
England and Wales
Citing:
Cited – Regina (on the application of Dorling) v Sheffield City Council and the Governing Body of Woodthorpe Primary School (1) 2002
Teachers otherwise falling within the description in Clause 6.1 of the Burgundy Book, but who have not been given the notice of termination there referred to have no contractual right to insist upon service of such a notice upon them. . .
Cited – Healey v Bridgend County Borough Council CA 14-Nov-2002
The teacher was ill and was not to return to work. She expressed her willingness to take early retirement, but then claimed her full entitlement to four months’ notice of her dismissal.
Held: The expression of willingness was to be taken as . .
Cited – Regina (on the application of Dorling) v Sheffield City Council (2) 2002
The teacher had taken early retirement on sickness grounds, but said that he was not obliged to resign and the employer had said that the employment had automatically ended. . .
Cited – Reilly v The King HL 1934
The government has power to abolish a public service post, and it is an ‘elementary proposition that if further performance of a contract becomes impossible by legislation having that effect the contract is discharged’. . .
Cited – Steamship Line Ltd v Imperial Smelting Corporation Ltd HL 1942
Where express provision has been made in the relevant contract itself for the event allegedly causing the frustration then the contract need not be frustrated. There can be no discharge by supervening impossibility if the express terms of the . .
Cited – Watts v Monmouthshire County Council and Another 1968
The Plaintiff, a teacher had had a number of accidents at school and applied for and was granted a short service gratuity from the Ministry of Education being agreed to be permanently incapable of serving efficiently as a teacher of the appropriate . .
Cited – Marshall v Harland and Wolff Ltd NIRC 1972
The doctrine of frustration can apply to contracts of employment. The Court looked at the situations in which it should extend time for an appeal to be filed: ‘Was the employee’s incapacity, looked at before the purported dismissal, of such a . .
Cited – Tarnesby v Kensington and Chelsea Health Authority (Teaching) HL 1981
Dr Tarnesby, a part-time consultant psychiatrist’s name was for a time suspended from the Medical Register after the appropriate Medical Authority had found him guilty of infamous conduct in a professional respect. The Hospital Board, his employer, . .
Cited – National Carriers Ltd v Panalpina (Northern) Ltd HL 11-Dec-1980
No Frustration of Lease through loss of access
The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated.
Held: The lease was not frustrated. The lease had a term of ten . .
Lists of cited by and citing cases may be incomplete.
Employment, Education
Updated: 12 January 2022; Ref: scu.187788