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Where a new employee cannot work due to restrictive covenants, is the employment contract frustrated or can the employer dismiss for SOSR?
Resource type: Ask
Published on 17-Mar-2017
England, Scotland, Wales
A client has already entered into an employment contract with a senior employee. It has now become clear that the employee is subject to restrictive covenants that are likely to be enforceable.
The employee is likely to be unable to work for the employer for a period of nine months.
In this circumstance is an employer entitled to dismiss without notice for SOSR.
Alternatively, could it be argued the contract is frustrated?
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