Broken Employment Contracts

Broken employment contracts are known as breach of contract and this can occur if any of the terms and conditions in an employment contract is broken. Employers and employees can both be responsible for broken employment contracts and their can be severe consequences for both parties.

Breach of Contract

An employment contract is a legally binding document containing a set of terms and conditions that both employee and employer have agreed to. This agreement does not have to be a written one but can also be a verbal contract.

The breach of contract will occur if either employer or employee breaks one of the terms or conditions of the employment contract. For example, failure to undertake agreed work by the employee or failure of the employer to pay agreed wages could both be classed as breach of contract.

Resolving a Breach of Contract

If there has been a breach of the employment contract by the employer then there are a few ways to resolve the matter. The first step would be to contact the employer directly regarding the breach to see if this matter can be resolved without the need for legal action. The employee can also use mediation experts to help with the matter.

Mediation and Broken Employment Contracts

If mediation is used to try and resolve the issue of broken employment contracts then an expert will be used as a go between. This will usually be someone who is trained in employment matters and who is unbiased. The mediator will talk to both sides or together if needed to see if a solution can brought about. The mediator will not instruct either party on what they must do but will give impartial advice on the best way to maintain the working relationship and resolve the breach of contract.

Conciliation and Broken Employment Contracts

Conciliation is a close relation to mediation but the conciliator will be used to help the two parties come to their own solutions and agreements. The conciliator will talk through the issue with each party and give advice on all of the legal issues involved.

By doing this both parties will have a better understanding of the issues involved in the case and hopefully a legally binding agreement will be reached. Conciliation will normally be used when the matter is a legal dispute, and any final agreements reached will be legally binding.

Broken Contracts and Legal Action

If the matter cannot be resolved between employer and employee then the next step could be to take legal action. Legal action does need careful consideration as there is no guarantee of winning the case and the person who brought the case may end up paying for legal costs.

If the employee brings the case to court then they may only win compensation if they can actually prove any financial loss, for example lost wages and any pay regarding wages will be awarded as net pay not gross pay. Legal cases will take place either in the civil courts or through an industrial tribunal. Remember that employers may well step in and make a counter claim, and employees will have to defend themselves against this. Employers can also use the legal route of action for breach of contract against employees.

Where to Find Help

If an employee is considering taking action against an employer regarding broken employment contracts then expert advice should be sought. Advice can be found through trade union organisations, citizen’s advice offices and solicitors. If the place of employment has a human resources department then they may be able to give advice on the situation.

There are different stipulations regarding what actually constitutes a broken employment contract. Common breaches of contract include employees terminating their employment without notice or wrongful dismissal by an employer. Always obtain expert advice on the matter before proceeding with any legal action.