Breach of Employment Contract

Q: What is an employment contract?

It’s a legally binding agreement that sets out your relationship with an employee. It outlines key terms such as pay, duties, hours, and notice periods. Even if not in writing, a contract can exist through verbal agreements or conduct.

Q: What sort of terms might a contract include?

Employment agreements often include express terms, such as salary and working hours, and implied terms, such as trust and confidence between employer and employee. Breaches can occur in relation to either type of term.

Q: How could an employee breach their contract?

An employee may breach their obligations by failing to follow reasonable instructions, being absent without permission, or working for a competitor in violation of restrictive covenants. Serious failures to comply may justify dismissal or a claim for damages.

Q: How could an employer breach the terms of a contract?

Employers can violate a contract by failing to pay wages or dismissing an employee without proper notice. This can lead to proceedings in the employment tribunal or civil courts.

Q: What action can employees take?

Employees can bring cases for a breach in either the Employment Tribunal or civil courts, depending on the circumstances. Remedies may include compensation, or damages. Acting quickly is key to managing risk.

Employment contracts form the foundation of the employer–employee relationship. When a contract is breached, it can lead to disruption, financial risk, and potential claims.

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Legal advice for Breach of Employment Contract

We act for businesses across all sectors, guiding you through disputes over contractual terms, notice periods, restrictive covenants, and wrongful or constructive dismissal. By combining legal expertise with commercial awareness, we help you safeguard your business and move forward with confidence.

From the outset, you will work with lawyers who understand the pressures of handling a workforce and the importance of finding practical, proportionate solutions.

We can support with:

Drafting and enforcing employment contracts
Defending claims of breach of contract
Managing employee breaches, including misconduct or competing activities
Handling employer breaches, such as wrongful or constructive dismissal
Responding to tribunal and civil court proceedings

You will gain lawyers with broad industry experience, giving you the clarity to manage staff relationships effectively and protect your wider business interests.

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Speak to a Legal Partner

Our team support you to navigate complexity, seize opportunity and move forward with legal clarity.

Fergal Dowling

Managing Partner - Business Services Group

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Meet our experts

Fergal Dowling

Managing Partner - Business Services Group

Find out more

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Frequently Asked Questions

We advise employers on how to deal with risks when an employment agreement is breached. Here are answers to some common questions:

What is an employment contract?

What sort of terms might a contract include?

How could an employee breach their contract?

How could an employer breach the terms of a contract?

What action can employees take?

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