Contract Frustration

We have an employee who has been off sick since a personal issue arose. We have referred him to our PHI company who have found nothing wrong with him and so refuse to pay PHI. He is staying off work due to sick notes from his doctor which diagnose him with depression. However, he has refused to meet with our medical staff and also refused to meet with HR (he has raised a grievance but keeps delaying hearing meetings).

Are there any circumstance under which we can consider this a “frustration of contract” in that he is not adhering to the terms of his contract and refuses to allow us to assist him to return to work?
Marie Griffiths

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