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Breach of Contract

Sometimes an employer or employee does not comply with the terms of the employment contract. having it in writing avoids arguments.Any failure to comply with the terms of the employment contract by either party is potentially a breach of contract.

Examples of possible breaches of contract are:

  • dismissal without proper notice (also known as wrongful dismissal) or an employee’s failure to give proper notice when resigning
  • terminating a fixed term employment contract before expiry of the term
  • breaching a restrictive covenant for example by an employee enticing away clients
  • changing the terms of employment without mutual consent (unless permitted by law or under the contract)
  • failure by an employee to comply with the employer’s reasonable requests

Some breaches of contract by the employer which cause the employee to become ill can entitle the employee to bring a claim for personal injury.

Remedies for a breach of contract can include damages, an injunction (an order by the court requiring a party to do or not do something) or a combination of the two.

 At Hart Brown we have successfully acted for employers where the employee has, in breach of their contract ,sought to entice away valuable clients, set up in direct competition, enticed away staff  or alleged breaches of contract.

We always discuss with you the commerciality of the situation and agree the best approach. . Court action is not always the answer but sometimes essential.

To speak to someone who can help with breaches of contract issues or any other employment issue call, email or request a call back from one of our specialist lawyers.

Who to contact

Bettina Brueggemann

Bettina Brueggemann
Managing Partner
Email
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Employment & Litigation
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