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Breach of Contract

The relationship between employer and employee is contractual, with rights and obligations on both sides. 

By law, your employer must give you a written statement of your main terms and conditions of employment within 2 months of your start date.  If you don’t receive this document, you may be able to up to 4 weeks’ wages in compensation at Tribunal.  . 

Even if there is nothing in writing, a contract still exists.  And even if you don’t sign your contract, if you continue to work under its terms, a contract still exists.

Your contract contains both express and implied terms.  Express terms are terms that have been specifically agreed, such as salary, hours or holiday entitlement.  Implied terms are terms that have not been agreed either in writing or orally, but are included by law.

Implied Terms ­ employee obligations:

  • To act in the interests of their employer
  • To obey lawful and reasonable instructions
  • To exercise reasonable care when carrying out duties

Implied Terms ­ employer obligations:

  • To pay wages
  • To provide support
  • To provide a safe system and place of work
  • To provide a system for raising grievances

If you commit misconduct or gross misconduct, you may find yourself subject to disciplinary proceedings and possibly dismissal.  If your employer breaches the contract, you may be able to make a claim for constructive dismissal in the Employment Tribunal or breach of contract in the County Court.
 

Contact us if you would like further information or would like to know if you have a potential claim.

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