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What sort of breach of employment contract claims are made in employment law?
When you start working for a business you should have a contract of employment that sets out the terms and conditions of your job. A contract of employment is usually a written document, but contracts of employment can be verbal and even have implied terms that are not actually formally documented.
You should carefully check the terms of your employment contract to ensure a breach has actually taken place before moving forward with any complaint, grievance or litigation you are contemplating taking against your employer. In addition, you can obtain legal advice from an employment solicitor.
A breach of contract can occur for a number of reasons. If your employer fails to pay your salary on the date stated in your contract, this would constitute a breach and allow you to make a claim for compensation. Employers that request unreasonable hours from their employees where this additional working is not stated in their contracts could be grounds for breach of contract claim being made against them. You can consult an employment lawyer to determine if you have a breach of employment contract claim.
If your employer wants to change any of the terms of your contract they must initially consult either you or your union representative before making these changes. Any changes they make unilaterally could constitute a breach of contract.
One of the most serious breaches of employment contracts is if your employer sacks you without giving you a reason or following the dismissal procedure contained in your contract of employment. This would give you grounds for a wrongful dismissal claim and you should contact an employment solicitor for legal advice as soon as possible.
Other types of breach of contract could happen if you are asked to retire before you reach the retirement age in your contract of employment. Any redundancies that your employer is planning must also be handled correctly or you could have grounds for breach of contract claim, as your employer did not follow proper procedure. Employment law provides many redundancy rights to employees. Redundancy rights may be specially set out in the contract, or otherwise the law will provide minimum statutory redundancy rights, such as to statutory redundancy pay. Other redundancy rights apply in relation to the process, such as consultation and notice.
Breaches of employment contract cases must be handled carefully to ensure your best interests are protected. An employment law solicitor can assess your claim and indicate whether an employment tribunal might decide in your favour, and also what level of compensation you might receive.