Breach of Contract
To read the Employee Breach Of Contract section please follow this link.
What Constitutes A Breach Of Contract?
There can be a breach of either an express term contained in the Contract of Employment, such as to pay wages, or of an implied term. Implied terms include those that are too obvious to set out in the contract or those assumed to be included for example statutory rights.
If either you or your Employee breaks any of the express or implied terms contained in the Contract of Employment, then a breach of contract occurs.
If an Employee resigns as a result of your breach of contract, then he or she may have a claim for Constructive Dismissal.
It may be that the Contract of Employment contains what are known as "restrictive covenants" which prevent the Employee from working in competition with your business for a set period of time after their employment with you has come to an end. If there has been a breach of a Restrictive Covenant, a letter should immediately be sent to the former Employer pointing this out and seeking immediate confirmation the activities will end.
Action must be taken promptly if a breach of the Employment Contract is suspected or has occurred in order to minimise losses.
What We Can Do For You
Our lawyers have extensive experience and knowledge across a wide range of legal sectors. We understand the impact breaches of contract can have on you and your business. Our approach is efficient, prompt and knowledgeable; we assess problems and identify solutions as quickly as possible to bring your case to a satisfactory conclusion with a minimum of fuss.
What Is A Breach Of Contract?
A Contract of Employment is a legally binding agreement between you and your Employer. When you or your Employer do not comply with one of the contract terms there can be a breach of contract. There can be a breach of the implied terms as well as the terms which are included in the written Contract, for instance if you are discriminated against.
If you think your Employer has breached your Contract, for instance by not paying you the agreed sum, you should first of all approach your Employer and try to sort this out directly. If this does not work you can bring a Grievance against your Employer.
There are strict time limits for pursuing claims in the Employment Tribunal or in the County Court.
A common problem is where an Employee leaves a company and either works for a competitor or sets up their own business in competition to their former Employer. It may be this results in a breach of express terms contained in the Contract of Employment, commonly known as "restrictive covenants". In this instance, the Employer may seek an Injunction preventing you from working in competition and also compensation for the financial loss the company has incurred as a result of your competing business.
The restrictive covenants must be carefully worded to protect the business and must not be seen as too restrictive, otherwise they may not be enforceable.
What We Can Do For You
Our lawyers have extensive experience and knowledge across a wide range of legal sectors. We understand the impact breaches of contract can have on you and your future. Our approach is efficient, prompt and knowledgeable; we assess problems and identify solutions as quickly as possible to bring your case to a satisfactory conclusion with a minimum of fuss.
Fosters Solicitors Team of Business & Commercial Lawyers have a wealth of experience and knowledge to assist you in relation to any legal query or matter you may have. Call us on 01603 620508 or complete our online enquiry form and a member of the department will be in touch very soon.
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