Contract of Employment
The express terms of the contract detail how the employment should operate. By law, certain terms must be provided by the employer to the employee in writing, known as a “written statement of particulars.” This statement, which you are entitled to on or before commencing employment, should include:
- Your job title
- Your rate of pay
- Your holiday entitlement
- Any entitlement to sick pay
- The periods of notice required from both you and your employer
- Your place of work
There may be other express terms of the employment contract. While not always in writing, having them documented simplifies matters. These terms can be found in various documents, such as an offer letter or a promotion letter, and sometimes are incorporated from a workforce agreement or other document.
Additionally, the law implies certain terms into an employment contract to ensure its functionality. These are terms of your contract even if not explicitly written. For instance, you must use reasonable skill in your job and not disrupt your employer’s business. Your employer is also implicitly obligated to ensure your safety at work and maintain mutual trust and confidence in the employment relationship.
Breach of Contract
When an employer violates a term of your employment contract, it constitutes a breach of contract. In such cases, our breach of contract solicitors can provide expert and tailored guidance. You may have grounds to resign, which falls under constructive dismissal. If the breach involves failure to give notice, you might have a claim for wrongful dismissal.
If you suffer financial loss due to your employer’s breach of contract, our breach of contract solicitors can assist you in bringing a claim either in an employment tribunal or in the High Court or County Court. Remember, tribunal claims are limited to cases where employment has ended, and the claim does not exceed £25,000. These must be filed within 3 months of employment termination. For other breach of contract claims, the time limits are more extended, and they are brought to the courts.
Conversely, if you break the contract, such as by not serving notice, you may be liable for compensation. Our team of breach of contract solicitors can advise you on all areas of employment contracts, ensuring you understand your rights and options.