Breach of employment contract
No matter which party has broken their contract, using a lawyer is both time and cost effective, and can ensure your best interests are protected.
Contents for breach of employment contract
What does a breach of employment contract mean?
When an employer (or employee) breaks the terms of the agreement under their employment contract, they are subsequently in breach of that contract. This can vary from minor breaches, such as issues with pay dates, to large scale breaches including gross misconduct and discrimination. No matter which party has broken their contract, using a legal services such as LGBT Lawyers is both time and cost-effective.
You should know…
1. If the opposing party has breached the terms of their contract, you should always try to solve your matter internally; by making the other person aware of their misconduct and by trying to solve it through conversation.
2. It is illegal for an employer to victimize you, or to use your claim against you.
What to do when an employment contract is broken
If you are not able to resolve your employment matter internally through the conversation it is advised you seek a lawyer as they can:
- Explain to you the seriousness of your case and give you their expert opinion.
- Discuss with you whether you are at a financial disadvantage, for example, if your employer has failed to compensate your for-holiday pay or failed to pay your wages correctly.
- Where to file your claim: If the employment has been terminated then you will need to file your claim at the employment tribunal. However, if you would like to continue your employment despite your claim, then your claim must be taken to county court.
- If you are taking your claim to an employment tribunal then you must:
- Ensure you have contacted ACAS before you make your claim
- Ensure that your claim is dated within 3 months of your last date of employment, or 6 months if you are raising a claim for redundancy pay or equal pay.
- If you are taking your claim to county court instead of an employment tribunal then you must raise this claim within 6 years of the contract breach; with a county court case, you will have to pay costs towards the other side if you lose.
how might an employment contract be broken?
IF YOU ARE THE EMPLOYER
If you are the employer, you could breach your contract by:
1. Failure to pay the employee which could result in the employee resigning.
2. Failure to follow contractual procedures
3. Continuous micromanaging
4. Making unreasonable demands of the employee
5. Dismissing the employee without giving them a payout
6. Wrongful dismissal
IF YOU ARE THE EMPLOYEE
If you are the employee, you could breach your contract by:
1. Failing to turn up to work
2. Failing to hand in a proper resignation
3. Failing to carry out duties
4. Gross misconduct
how can a lawyer help with your breach of contract?
When submitting a claim for breach of contract, there are several factors to consider. It’s definitely recommended that you use the help of a Lawyer for your case, to ensure you receive the maximum support possible.
The best place to start is to work out what you want to get out of your case. This could be recovering any monies or compensation owed or it could be taking legal action against the other party.
For example, if your employer has committed a minor breach, such as missing one month’s payment, you may want a lawyer to help you recover your money. In this case, a lawyer would help you to look at all of the evidence and would work with you to recover your losses.
However, some contract breaches include large scale breaches such as discrimination. In this case, you may want to take your case further with the assistance of a lawyer. Your lawyer will look at your case objectively, carefully consider all of the information that you have given them and discuss with you want you want your next move to be, for example if you want to take it to an employment tribunal or to county court.
Whatever your case, and whatever your decision, a lawyer will make sure that your voice is heard and that the decisions you make are respected.
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