Contractual issues can be a delicate issue for an employee to raise at any level. For high-level employees and executives, it is recommended you seek advice from an expert employment lawyer in advance of any potentially contentious discussion involving the terms of your employment contract.

Our high calibre team of employment contract lawyers regularly advise senior executives on contractual issues surrounding their appointment or departure, as well as any issues regarding secondment or migration in the workplace.

Cavendish Employment Law are experts in the employment law field, with a well-earned reputation for successful representation in contentious employment matters, and an in-depth understanding of business and the global corporate landscape. As a London-based law firm, we operate across the banking, business, creative, energy and manufacturing industries, alongside the public sector.

100% Success Rate in Contentious Cases for both Employees & Employers

Contact our employment lawyers on 0207 9657203
or contact us online.

What is an employment contract?

An employment contract is a legally binding agreement between the employee and employer outlining express terms & conditions regarding your employment including your responsibilities, benefits and pay.

Implied terms are not explicitly detailed in a contract but must be followed by both parties; this includes mutual trust and confidence between the employee and employer.

There are many types of contracts, two of which are permanent and fixed-term. A permanent contract is an employment agreement with no end date and is the most common contract for full-time employees. Fixed-term contracts have an agreed start and end date, which is common for short-term projects and maternity-leave cover.

How can an employment contract be breached?

Contract Breached by the Employer

A contract breach happens when either the employer or employee fails to meet one or more of the agreed terms stated in the contract. Under the Employee Rights 1996, you have are protected against breaches including:

• Failure to pay agreed-upon salary or benefits
• Failure to provide a safe work environment
• Wrongful termination
• Failure to provide reasonable adjustments for disabilities
• Failure to meet any other term in your employment contract

Contract Breached by the Employee

Employment contracts can also be breached by the employee, with common reasons including:

• Any form of misconduct
• Resigning without notice
• Breaching restrictive covenants
• Violation of non-compete or non-disclosure agreements
• Failure to perform duties resulting in financial loss to the business

Whilst minor breaches typically result in internal disciplinary action, gross misconduct will often result in immediate dismissal. In addition, other aforementioned contract breaches can result in legal action from the employer.

What can you do if there is a contract breach?

Your employer can breach your contract in many ways such as failing to pay the agreed-upon compensation, denying promised benefits, or terminating your employment without cause.

First and foremost, it is essential to review your employment contract carefully to ensure that the breach is clear and unambiguous and that you know the exact terms which have been violated.

If you believe your contract has been breached by your employer, you may want to consult with an experienced employment law solicitor to negotiate a settlement agreement.

Negotiations

One method of resolution is to attempt negotiations with your employer. Before doing so, you should collect any evidence demonstrating the breach of the contract (such as emails and other forms of communication).

When notifying your employer, it should be:

• Done in writing
• Clear and specifying the nature of the breach
• Include evidence of the breach
• Requesting a meeting to discuss the issue

If your employer is willing to negotiate, you may be able to agree on a settlement. 

At Cavendish Employment Law, we have a team of highly skilled solicitors committed to and experienced in negotiating high-value settlement agreements.

Taking Legal Action

If negotiations fail, an employment tribunal may be the best course. When notifying your employer and proceeding with legal action, it is beneficial to seek legal advice to ensure you have the chance of winning.

At Cavendish Employment Law, our solicitors are committed to finding you the best possible solution and will adopt various conciliation methods to resolve any dispute before considering litigation. 

Legal Fees

At Cavendish Employment Law, we provide senior executives and employees with flexible legal costs including fixed fees, capped fees and no win no fee arrangements.

Breach of Contract Solicitors in London

If your employer has breached your employment contract, or you are facing wrongful claims that you have breached the contract, we can help.

As a team of high-calibre employment law solicitors, we are recognised for our advocacy skills and excellent client satisfaction. As specialists in employment & contract law, we have won many high-value and complex cases, placing you in the best hands for representation.

We take the time to carefully listen and understand your situation, helping you negotiate the best settlement agreement without needing to make an employment tribunal claim. 

Contact a member of our team at 0207 9657203

or contact us online.

Breach of Employment Contract FAQs

Can my employer change the contractual terms?

An employer should not vary the terms of a contract of employment without your consent. Consent can be verbal or in writing or indeed implied where you continue to work under the new terms for an appreciable period with full knowledge of the change in terms.

It may be that your employer has expressly reserved the right to unilaterally vary the terms of the contract. However, the courts have a strict and narrow approach to such provisions. For example, an employer may be open to a breach of contract claim where they sought to vary or introduce new terms affecting fundamental contractual rights.

Do employment contracts have to be in writing?

Employment contracts do not have to be in writing, however, employers are legally required to provide their employees with a written statement containing key terms and conditions within two months of the start of employment. These include:

• Employee's job title
• Hours of work
• Pay
• Benefits such as sick pay and holiday pay
• Notice period
• Place of work

Even if there is no written contract, there is still an employment relationship which is required to comply with employment laws and regulations to protect the right and interests of employees.