Frustration of contract

* A worker prevented from entering his workplace for a reason not specified in his employment contract was entitled to be paid wages.

The facts

Mr Maughan, a registered mental nurse at a care home, was suspended without pay "for a period not exceeding seven days" in accordance with his employer's disciplinary policy, following allegations that he had physically abused a patient. He was then charged with a number of offences and released on conditional bail, which prevented him from entering the care home premises.

Maughan's suspension was extended until the investigation of the allegations had been completed, which the police had requested should not be until after the criminal prosecution. His employer refused to pay him during this period, and Maughan brought a claim for unlawful deduction of wages. The employer argued that the employment contract had been frustrated.

The ruling

For Maughan's contract to have been frustrated, the Employment Appeal Tribunal said, there had to have been an external event that had not been foreseen or provided for in the contract. Because the care home had a detailed disciplinary policy which specifically referred to physical abuse of patients, the contract had not been frustrated by Maughan's suspension - it was only frustrated when he was later sentenced. He was entitled to his wages for the intervening period.

Four Seasons Healthcare v Maughan UKEAT/0274