If you believe that your employer has acted unfairly towards you or has made changes to your work or job that you did not accept, your employer could be liable for breach of contract.
The employment law solicitors at Farleys know that when such changes are enforced, you, as the employee, can be left in a very difficult situation, and do not want to risk losing your job by making a complaint. However, there are laws in place to protect you in the work place and it is important that these rights are exercised.
To speak to an experienced employment law solicitor, in confidence, call 0333 331 5294, or email us.
What Is Breach of Contract?
You will usually have signed a contract of employment or at least a written statement detailing the roles and responsibilities of your job.
Even if you have not, upon unconditionally accepting an offer of employment, a contract of employment exists between the employer and employee. Under this contract, the employer and employee agree to the following terms:
- to maintain trust and confidence through co-operation
- to act in good faith towards each other
- to take reasonable care to ensure health and safety in the workplace
An official contract of employment will contain the specific terms to that employer/employee relationship. Employment contracts will usually contain information regarding pay, holiday entitlement, place of work, and responsibilities of employment.
If you believe that your employer has changed the terms of your work to a degree that breached your contract of employment, you should speak to an employment law solicitor at the earliest opportunity. Even if the changes have not been set out in a formal document but have been relayed in verbal form, this could still constitute a breach of contract.
Employee Breach of Contract and Unfair Dismissal
If you, as an employee, have been accused of breaching your duties, your employer could look to terminate your contract of employment. Circumstances in which an employee can be deemed to have breached the terms of their contract include:
- Failure to meet minimum standards required
- Breach of confidentiality
- Repeated misconduct
- Non-performance of duties resulting in financial loss to the business
The latter of these circumstances could also lead to an employer making a claim for damages against you.
If you have been unfairly or inaccurately accused of any of the above, you could have a claim for unfair dismissal, wrongful dismissal and breach of contract. The circumstances surrounding each case are different. However, an employment law solicitor will be able to advise you regarding your situation.