Breach of Contract

A breach of contract will occur if you or your employer fails to comply with a term of your contract; for example, if your employer does not pay you. Some terms of your employment contract may not be written down, but are implied into your contract such as the duty of mutual trust and confidence.

Fundamental breach of contract

If the breach of contract is serious, it may be considered to be a fundamental breach of the contract. Examples of fundamental breach might be if your employer does not pay you, if you are suddenly demoted, or if your employer allows you to be subject to bullying or harassment at work.

Breach of contract by employer

You may be entitled to damages to compensate you for your losses caused by your employer’s breach of contract. We can advise you on making a claim for breach of contract. Furthermore, if your employer commits a fundamental breach of contract, as a result of which you feel you have to leave, you may be able to claim constructive dismissal.

Breach of contract by employee

You should also be aware of the possible consequences if you break a term of your employment contract. If you commit a breach of contract, your employer may be able to sue for damages. In cases of fundamental breach of contract, such as gross misconduct, your employer may be able to dismiss you without notice. If you feel that you have been unfairly or wrongfully dismissed, we can advise you on your rights.