An employment contract is a legally binding agreement between you and your employer that sets out mutually agreed terms of employment. These must be fulfilled for the contract to be perpetuated. A breach of contract occurs when one party defaults on one or more of the terms.
How is a contract established?
A contract can either be written or verbal. There can also be implied terms to a contract, i.e. terms that are not specifically stated but are understood to exist.
Analysing a contract to clarify all of the actual and implied terms is something which Oratto member lawyers are skilled at. Contracts can be complicated, and the exact cause of a breach may be difficult to identify.
We can connect you with an Oratto member employment solicitor who is experienced in dealing with contracts and breaches thereof, and who will be able to protect your interests.
When does breach of contract apply in employment?
A breach of contract will be found to have occurred if:
- the terms of the employment contract are not upheld
- work done under the contract is not as agreed
- one party communicates to the other that they will not be fulfilling their obligations under the contract
A typical example of breach of contract is your employer not paying you the agreed wage, or items such as holiday pay and sick pay etc. In circumstances such as this, an Oratto member lawyer familiar with breach of contract law will be able to help you and assess your situation to see if you can claim for damages. These usually take the form of financial recompense for the injured party.
There may be other relevant circumstances such as changes to the terms and conditions of your employment and not following correct disciplinary procedure.
In order to make a claim for damages you must first establish that there was a legally binding contract, that a breach occurred and that you have suffered a loss as a result of that breach. Usually this means proving that you have suffered real financial loss. It's also worth bearing in mind that implied terms can be breached as well. This will be something that your Oratto member solicitor will be able to discuss with you.
Making a claim for breach of contract
There are various ways that you can approach a breach of contract situation. For example, mediation is available through ACAS (Advisory, Conciliation and Arbitration Service). This method is less confrontational, quicker and often allows for a more peaceful resolution than if a case is taken straight to court.
Making a decision about how to proceed if you believe that a breach of contract has occurred is not always easy. Speaking out and defending yourself against your employer can be daunting.
With an Oratto member employment lawyer to assist you, you will benefit from years of knowledge, expertise and training. Oratto will work with you, to protect you.
Contact us today so that we may connect you with the right member lawyer for your circumstances and the best possible advice and reassurance. There are multiple options available to you for getting in touch with us so you can choose which one suits you best.
Don't let a breach of contract constrict you - get the right legal advice today