An Employment Appeal Tribunal has made a decision in the case of Warner v Armfield Retail and Leisure Limited, in favour of the employer. After a site manager with a small company specialising in pub and retail refurbishment had a stroke and recovered as well as he could, the employer laid him offer on the grounds that it was not possible to make reasonable adjustments that could accommodate the degree of mobility which the post-stroke former site manager remained capable of. The EAT judgment illustrates the tension between the doctrine of 'frustration of contract' due to employee incapability and the limited statutory responsibility of the employer to make 'reasonable adjustments'