Breach of Contract for Employers

An employment contract is an agreement between an employer and an employee and is the basis of the employment relationship. The Employment Rights Act 1996 requires employers to provide their employees with a written statement of the main terms of their employment within two calendar months of starting work. The easiest way of complying with this regulation is to include these items in a written contract.

Apart from the terms which are set out explicitly in a written contract, the Courts have also established terms that are implied into all contracts of employment. Examples of these:

  • To maintain trust and confidence through cooperation;
  • To act in good faith towards each other;
  • To keep trade secrets confidential;
  • To take reasonable care in ensuring health and safety in the workplace.

It is also possible for some terms to become part of the contract due to the employer and employee’s behaviour, for example through their being followed by custom and practice over time.

Employers can face claims from employees if they fail to provide a written statement of the main terms of employment or if they breach a term of the employment contract.

Our experienced team can provide contracts of employment, advise on their meaning and advise in situations where it has been claimed that there has been a breach.

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