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.
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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.
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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.
This is in regard to break up my 3 months agreed notice period due to Covid 19, my employer hasn’t agreed and he asks me to work for the notice period. My visa ending on 18 May, but he asks me to use his sponsorship that I’m not interested as I feel that I’m highly vulnerable to catch the Coronavirus as there is no social distancing measures in the place I work and the customers I do 4D ultrasound Obstetrics scans. Please help me to come out of the agreement from the notice before my visa ends on 18 May. Thank you
My contract states that I am eligible to enrol into the company pension and when I took the job in 2011,I was told that I would have exactly the same salary package as my predecessor, which was a salary and company pension. I have been asking for my pension for over three years and have been assured that it is "in hand". I have been made redundant from 6th March 2015 and am still asking for my pension contributions to be paid to me as the company had never actually put them into the pension scheme. I am being informed that the company decided in 2008 not to enter any new employees into the scheme and therefore they do not owe me anything in terms of pension payment. If this decision had been made in 2008, why is it in my contract of employment, and secondly, why was my salary not adjusted to compensate me for this substantial loss. Your comments would be appreciated
Am i right for taking a legal action and trying to recieve compensation?
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