Law
Page 19
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Rising frustration
ARGUMENTS that United Yeast Co Ltd had not dismissed lorry driver N. G. Chekki but that his contract of employment had been frustrated because of a prison sentence were upheld by a Birmingham Industrial Tribunal when it dismissed Mr Chekki's claim for reinstatement.
Mr Chekki was sentenced by Birmingham City magistrates on 11 months' imprisonment after pleading guilty to a charge of causing bodily harm, and he was released on bail pending an appeal.
The Tribunal said the question was whether the company was entitled to regard the contract of employment as frustrated by virtue of the sentence despite being aware of the appeal.
In the precedent of Harrington v Kent County Council, Justice Talbot said the length of time an employee had been employed, the position he held, and most of all the length of time he was likely to be away and the importance of getting someone else to do the job in the meantime, had to be considered.
The Tribunal had to consider the date of conviction and the sentence only and had to ignore the fact an appeal had been launched.