Resolving Breach of Contract Issues with Your Employer

Employment contracts exist to set the stage for your roles and responsibilities in the workplace, and to make it clear what you can expect in return. But what happens when your employer doesn’t uphold their end of the bargain? 

Making a breach of contract claim can feel complex and overwhelming, so this article is here to simplify the process, offering clarity and guidance on resolving breach of contract issues effectively. 

What is a breach of contract? 

A breach of contract occurs when one party fails to fulfil their obligations as outlined in the contract. In the workplace, this could mean anything from not receiving promised bonuses to being demoted unfairly.  

Contracts often contain numerous in-depth clauses, and identifying the exact point of breach requires careful examination. Remember, a breach can be minor or significant, but all breaches have potential legal ramifications. 

When to Consider a Breach of Contract Claim 

Generally, if your employer has violated any agreed-upon terms in your employment agreement, you may have grounds for a claim.  

This could be a reduction in pay, unfulfilled promises of promotion, or changes in work hours without due consultation. However, it’s important to first ascertain whether this breach constitutes a fundamental part of your contract.  

The Process of Making a Claim 

Initiating a breach of employment agreement claim involves several steps. 

Initially, addressing the issue directly with your employer might well offer space to resolve the dispute amicably. If not, look to gather your evidence. This includes documenting any communications, contract details, and specific instances in which the contract was breached.  

Support from an employment law expert, such as a direct access barrister, can help formalise a claim, allowing you to present your case to an employment tribunal. This phase can seem daunting, but with the right guidance, it becomes manageable and straightforward. 

Potential Outcomes of a Breach of Contract Claim 

If your claim is successful, you might receive compensation for losses incurred due to the breach. Alternatively, your contract could be reinstated to reflect the original terms – but before pursuing a claim, it’s important to weigh these outcomes against the expected time and resources involved in the claims process.  

How long does it take to resolve a breach of contract issue? 

Resolution timelines vary. While some disputes might resolve quickly through negotiation, others could take months if they proceed to an employment tribunal.  

The complexity of your case, the evidence available, and the willingness of both parties to negotiate will influence the duration. Keeping communication lines open and maintaining a detailed record of all proceedings can facilitate a smoother – and less strained – process. 

If you’re looking for further advice or representation in a breach of contract claim, Barrister Connect’s employment practitioners can assist in a number of matters. You can find out more about our barristers on our employment law page, or get in touch with our clerking team here.