Breach of Contract

As an employer, it is important for you to understand what constitutes as a Breach of Contract towards an employee. If you breach the contract of employment, the employee has the choice of either accepting the breach or resigning.

Examples of breaches include;

  • Not paying wages/salary
  • Changing the terms of the employee’s contract
  • False allegations or misconduct, i.e. discrimination against the employee
  • Harassing the employee
  • Changing the employee’s place of work without notice

Although the examples above outline certain factors, any act that breaches the mutual trust and confidence between both the employee and employer can constitute as a breach as it is the goodwill between both parties that has to exist to maintain a workable relationship.

If the employee accepts the breach by the employer and remains in their job, the employee can still seek compensation from the employer for the breach of their contract.

Our Employment teams are available to offer advice and help should you find yourself in a breach of contract situation with an employee. We are able to act on your behalf to arrive at an agreeable conclusion, dealing with compensation claims and avoiding potential lengthy and expensive court proceedings.


For more infomation please contact one of the following:

Name Position Office
Patrick Langrishe Partner Budleigh Salterton
Craig Oliver Solicitor Exeter

 

 

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