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Breach of Employment Contract

27th June 2012
By Clark_Taylor in Legal
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In the event that you believe that your employer has acted unfairly towards you or has made changes to your work or job without your agreement, then your employer could be legally liable for breach of contract.

The employment law in the UK understands that these changes, when enforced, can leave you in an extremely difficult situation, and makes it accessible for you, as an employee, to exercise your rights of legal proceedings without the risk of losing your job. With this point stated, there are laws at your disposal and for the employers' knowledge that protect you in the work place.

What Is Breach of Contract?

When you are employed by your employer, there are very good chances that you will sign a contract of employment. If not, your employer will at least give you a written statement that most often details your job description, as well as the rules of conduct which you will be expected to abide with.

In case there have been no written agreements that were asked to be signed, any unconditional acceptance of an offer of employment will begin to exist between your employer and you.

What Is Included In The Contract of Employment?

In the contract of employment, you and your employer agree to the following fundamental terms:

  • That you will cooperate and will maintain trust and confidence

  • That you will act in good faith with your colleagues and with the employer

  • That you will take reasonable care to ensure health and safety in the workplace

The relationship between you and your employer will have specific terms that will be included in the contract of employment. Details may include pay, leaves and holiday entitlements, and responsibilities of employment.

Any change in the contract of employment between you and your employer will constitute a breach of contract, and you will have rights to pursue a legal course of action for any damages.

Employee Breach of Contract and Unfair Dismissal

Suppose as an employee, your employer accuses you of breaching your duties, your employer can then terminate the relationship.

Following are the circumstances when your employer will have the legal rights to terminate you for breach of contract:

  • If you have failed to meet the minimum standards required of you in your job

  • If you have committed an act that betrays the trust and confidence of others in your job

  • If you have willfully disclosed confidential information to a third party

  • If you have repeatedly and successfully been accused misconduct

  • If you have been directly or indirectly have been a party to an act that has been financially detrimental to the employer (This could also lead to legal action against you.)

On the other hand, if your employer has accused you in any case that you believe to be unfair or unjust, then the law in the UK allows you to file for legal action and claim for damages, for wrongful dismissal and/or breach of contract.

Since each case is different nature, and requires accurate investigation to uncover the truth, you should be careful while going in to a contract of employment with any employer, and when you do, you must be careful as to what is expected of you, whether you are an employer or an employee.

Net Lawman UK provides accurate, detailed, and common law Contracts of Employment for the UK, which will help you understand the intricacies of the legal contract without any previous knowledge of law. The legal documents from Net Lawman UK are easy to buy and simple to understand and fill. With detailed explanatory notes with each Contract of Employment, Net Lawman UK provides you with real law in plain English.
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