Minor breaches of the contract are unlikely to be seen as a breakdown of the whole contract. Usually, they can be resolved between the parties. If your employer has breached your contract in a minor way (for example, late payment of wages) it is usually best to approach them first. We can help with minor breaches, but the cost of legal advice usually exceeds any financial benefit.
Serious breaches of contract include:
a fundamental breach of an express terms of your contract (such as failure to pay you for work done)
a fundamental breach of the implied term of trust and confidence (such as misuse by your employer of its disciplinary procedure)
unlawful deductions from your wages
changes to the terms of your contract without your agreement
If you think there has been a breach of contract we usually recommend that you try to resolve this directly with your employer, either informally or using the grievance procedure.
You can always seek legal advice before you approach your employer. It will help your confidence in any discussions with your employer and we can support you through the process. It can also prove cost-effective, as receiving advice at the outset may help you resolve the issue quickly and avoid a costly tribunal claim
Breach of contract claims can be heard in an Employment Tribunal, County Court or High Court. There are a few reasons you may prefer to bring your claim in the County or High Court. Unlike the tribunal, there are no limits on compensation
the court can award and if the value of the claim exceeds £10,000 you may be able to recover your legal costs in making the claim. You also have longer to bring a claim in the County Court or High Court, and can bring claims during employment.
Breach of contract claims can only be made in the Employment Tribunal if employment has ended. There are also benefits to making a claim in the Employment Tribunal. We will advise you on the best forum to resolve your dispute.