Breach Of Contract: What To Do When Your Employer Breaks The Rules

When you start a new job, you enter into a binding contract of employment with your employer. This contract explains what is expected of both you and them, and what will happen if either side doesn’t meet those expectations. Ideally, a contract will protect your rights and make it clear how you can expect to be treated. But what happens if your employer doesn’t fulfil their side of that contract?

A breach of contract happens when either side fails to meet the obligations laid out in the employment contract. Those obligations may be clearly stated, such as hours of work or salary. These are called express terms. Or the employer may break rules that aren’t mentioned in your contract but are expected, such as providing a safe workplace. These are called implied terms.

Should you suspect that your employer has broken the rules of your contract, the first step must be to check whether an actual breach has happened. Here’s how.

How To Identify A Breach Of Contract

While you can ask your HR department to investigate, it’s always to your advantage to look into the situation yourself. Here are three steps you can take to identify a breach of employment contract:

1. Review your contract: However unfair you feel that your employer has been, they may not have broken the terms of your contract. Find out for definite by reading through your contract as a first step. Has your employer broken any of the terms stated in your employment contract?
2. Consider implied terms: If your employer hasn’t broken any of the terms stated in your contract, have they breached any implied terms?
3. Keep detailed records: Keep a record of any incident or documents that may suggest a breach of contract. This will help you to build a better picture of whether your employer has broken the rules of your contract and support any claim you make.

What To Do If Your Employer Breaches Your Contract

Should your employer breach your contract, it’s important to know what steps you can take. The first step is to try and resolve the situation internally by discussing it with your employer, manager, or HR department. If this doesn’t resolve the dispute, mediation can be a useful next step. Should mediation fail, taking legal action may be necessary to protect your rights and provide compensation.

  Internal Resolution

Begin the process by alerting your employer, manager, or HR department to the breach of your contract. Clearly explain the breach and provide any supporting documents or evidence. This step is crucial because it gives your employer a chance to put things right before the situation worsens. At this point, this is an informal complaint.

Should an informal approach fail to resolve the breach, the next step would be a formal complaint. The process for this should be included in your contract of employment, the company procedures manual, and the staff handbook. You can request the last two from your HR department if you don’t have easy access to them.

Internal resolution may be suitable for minor breaches of your contract, but more serious breaches may require formal or even legal action.

  Mediation

Mediation is a voluntary and confidential process where a neutral third party, known as a mediator, helps both sides to reach a mutually acceptable resolution. Here’s how mediation works:

• If the breach of contract can’t be resolved internally, either you or the employer can suggest mediation. This can be done through your HR department or an external mediation service.
• Both sides must agree on a mediator. The mediator should be neutral and experienced in employment disputes.
• Before the mediation begins, you should gather relevant documents and evidence. This means your employment contract, any correspondence, and records of the breach of contract.
• During the mediation session, the mediator will support the discussion between you and your employer. The mediator helps both parties to communicate their perspectives and explore possible solutions. The goal is to reach a mutually acceptable agreement.
• If an agreement is reached, it is generally put in writing and signed by both you and the employer. This agreement can include actions the employer will take, actions you will take, and any compensation you may receive.
• If an agreement isn’t reached, you still have the right to take the dispute to an employment tribunal or court.

  Legal Action

Should you decide to take your case to an employment tribunal or court, the next step is to approach a legal advisor or your trade union representative to find out what your rights and options are.

How To Protect Yourself From A Breach Of Contract

The best way to protect yourself from a breach of employment contract is to stay informed. That means:

• Regularly reviewing your contract to make sure you understand the terms and conditions of your employment. It’s also wise to keep a personal record of any changes or updates to your contract.
• Asking for help if you’re unsure about any terms in your contract. You can speak to your HR department, your trade union representative, or seek legal advice.
• Staying up to date with employment laws and regulations.

By taking these steps, you can better protect yourself against potential breaches of your contract and make sure that your employment rights are safeguarded too.

Wrapping It Up

If you suspect that your employer has broken the rules of your employment contract, you may feel worried, intimidated, and unsure of what actions to take. Your response will depend on the seriousness of the breach, your personal situation, and the resolution you want to see.

An informal discussion with your employer is usually the best place to start. However, you do have other options, such as mediation, a formal complaint, an employment tribunal, or legal action. Whatever route you take, support your case by gathering relevant documents and evidence, and seeking advice from your HR department, trade union representative, or a legal advisor.