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The relationship between an employee and employer is governed by a
contract of employment. A breach of this contract may give rise to a claim in the Employment
Tribunal, County Court or High Court.
A contract of employment should be in writing but it can be verbal. In either case certain contract terms are implied into the contract of employment such as that of mutual trust and confidence between the parties and good faith and fidelity.
S1 of
The Employment Rights Act 1996 requires an employer to provide an employee with a written statement of particulars within two months of the start of their
employment.
As a general rule it is not open to an employer to vary the terms of an employees'
contract unilaterally.
Examples of breach of contract in employment law would be; failure of an employer
to give you the correct notice period (as stated in your contract of employment),
or in certain circumstances, failure to follow disciplinary procedures.
Where an employer has not given the correct notice, in circumstances where he should
have done, an employee is said to have been wrongfully dismissed.
As an employee, you should be aware that if you feel that you have been wrongfully
dismissed, you should first bring the matter to your employer's attention through
the company's internal grievance procedure
before commencing a claim in the Employment Tribunal.
There are strict time limits for commencing claims in the Employment Tribunal and the Courts.
If
you believe you have a breach of contract claim against your employer please
complete our Free Online Assessment
Form, now. We will then
respond to you usually within
48 working hours
, including a free, initial assessment of your claim.
Alternatively you can download the Free Claim Assessment Form and send it to: net employment solicitors at the address on our
contact
page.
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