Breach of Contract
If an employer or an employee does not comply with the terms of the employment contract they are potentially in breach of contract. This is why it is advisable for the terms to be in writing.
Examples of possible breaches of contract are:
- dismissal by the employer without proper notice (also known as wrongful dismissal) or by an employee when resigning
- terminating a fixed term employment contract before the end of the term
- breaching a restrictive covenant for example by an employee enticing away clients or work colleagues
- 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
Remedies for breach of contract can include damages, an injunction (an order by the court requiring a party to do or refrain from doing something) or a combination of the two.
If you believe that your employer has breached your contract of employment and it is sufficiently serious you might have a claim for constructive dismissal. You need to act quickly if there has been a breach as you may not be able to complain about the conduct once too much time has passed. If the breach of contract causes you to become ill you may also have a claim for damages for personal injury.
To speak to someone about a breach of contract claim or any other employment related issue call, email or request a call back from one of our specialist lawyers.