Breach of Contract By Employer
As an employee your employer has a duty not to act in breach of your terms and conditions of employment. Even if you do not have a written contract, don’t worry as a verbal contract could exist based on practice/custom. You should always seek legal advice if you are not sure about your contract.
Breach of Contract By Employer
As an employee you have statutory and contractual rights under your contract of employment. For instance you have the right to be paid on a set date, to have mutual trust and confidence, access to sickpay/SSP, and the right not to suffer any unlawful detriment in the workplace.
Common Examples of Breaches of Contract
You may find that you do not receive sufficient pay, holiday or other benefits. Furthermore, you may find that your employer acts in such a way (serious breach of contract) such that you are forced to resign and may then pursue a claim for constructive unfair dismissal.
Holiday Entitlement
Most workers are legally entitled to 5.6 weeks’ paid holiday a year (known as statutory leave entitlement or annual leave).
This includes:
- agency workers
- workers with irregular hours
- workers on zero-hours contracts
An employer can include bank holidays as part of statutory annual leave.
Most workers who work a 5-day week must receive at least 28 days’ paid annual leave a year. This is the equivalent of 5.6 weeks of holiday.
Part-time workers are entitled to at least 5.6 weeks’ paid holiday, but this will amount to fewer than 28 days
Pay Deductions
Your employer can only make a deduction from your pay if your contract specifically allows the deduction; it was agreed in writing beforehand; they overpaid you by mistake.
Furthermore, the employer can make a deduction if it’s required by law, for example Income Tax or a court order or you missed work because you were on strike or taking industrial action.
Late Payment
Employers have a duty to pay employees on time and, therefore, if they fail to do so this may be classed as unlawful and result in a claim for unlawful deduction of earnings.
Can I Sue My Employer for a Breach of Contract?
Yes, you can sue your employer for breach of contract. If you are still in employment, then a claim would have to be brought in the civil court (more commonly the county court). If you have left employment, then you could pursue a claim in the employment tribunal.
