If you have been accused of breach of employment contract by an employee or ex-employee, or if you are seeking to either make a claim for damages or terminate an employee’s contract due to a breach of their duties under their employment contract, the employment law solicitors at Farleys can assist you.
Accusation of Breach of Contract
If an employee or former employee has accused you of breach of contract, the employment law solicitors at Farleys can advise and if necessary represent you at a hearing or Employment Tribunal.
The most common circumstances in which an employee can claim for breach of contract include:
- Reduction in wages
- Non-payment of wages
- Changes to an employee’s terms of work (including hours, responsibilities or location)
Any changes to an employee’s terms of employment must be agreed by both employee and employer. These changes need not necessarily be in writing, however, and could be agreed verbally. A breach of contract claim against an employer could potentially be defended on these grounds.
Employee’s Breach of Contract
If you believe and have evidence that an employee is in breach of their contract with you/your organisation, there could be grounds to terminate their contract of employment. The circumstances in which an employee can be deemed to have breached their terms of contract include:
- Failure to meet minimum standards required
- Breach of confidentiality
- Repeated misconduct
- Non-performance of duties resulting in financial loss to the business
Termination of contract is a last resort and employers will usually try to resolve performance or conduct issues with employees through means of performance reviews or the disciplinary process.
Breach of contract is a serious concern, however, and should an employee breach their contract to the extent that your business suffers financial loss, you could not only be within your rights to terminate their contract of employment, but could even make a claim for damages in serious cases.
