Breach of Employment Contract Legal Services

When entering into an employment contract, both parties agree to certain terms and conditions that are legally binding. If either party fails to comply with these terms—such as unpaid wages, withheld bonuses, insufficient notice, or other contractual violations—it can create significant challenges and may require legal action to resolve

Our employment law experts can provide guidance on breaches of contract and represent employees in disputes, including Employment Tribunals and Civil Courts.

What is an Employment Contract?

An employment contract is a legally binding agreement between an employer and an employee that sets out their rights, responsibilities, and obligations. While contracts are often written, they can also be verbal and still enforceable under UK law.

Employers are legally required to provide employees with a written statement of employment particulars within two months of starting work, as outlined in the Employment Rights Act 1996. This statement must include key contract details such as pay, hours, and notice periods.

The types of employment contracts can vary depending on the nature of the role:

Full-time and part-time contracts
Fixed-term contracts – for example, a three-month temporary role
Term-time only contracts – typically for school staff
Zero-hours contracts – ad hoc work, often during busy periods
Apprenticeship agreements

In some cases, the contract may be with a ‘worker’ rather than an employee, particularly for roles requiring personal performance. Regardless of the type, all employment relationships are governed by a legal contract, whether written or verbal.

Understanding Contractual terms

A breach of contract occurs when one party fails to comply with the terms of the employment contract. Some breaches are fundamental, such as non-payment of salary, and may allow the affected party to make a claim.

Contractual terms can be:

Express Terms: These are terms explicitly stated in the contract, such as salary and bonuses, working hours, holiday entitlement, job title, and duties. Other express terms may be set out in policies or staff handbooks, which are considered contractual if referenced in the employment agreement.

Implied Terms: These are terms not explicitly written but are understood to exist in every employment contract. They include obvious obligations, such as not stealing from your employer. They also cover statutory requirements, like the right to notice, equal pay, and adherence to health and safety laws. Additionally, implied terms can include custom and practice. For example, a longstanding bonus scheme may become contractual if it has been consistently provided over time.

Examples of a Breach of Contract

Breaches can occur from either side, but common examples employees can claim include:

Failure to pay salary, bonuses, or commission
Dismissing an employee without the correct notice
Failing to pay holiday pay or pension contributions

A serious employer breach may lead to constructive dismissal, where an employee resigns due to fundamental breaches of the employment contract.

Legal Remedies for a Breach of Contract

When an employment contract is breached, the legal remedies available can vary depending on your circumstances, and may involve pursuing a claim in an Employment Tribunal, civil courts, or through alternative dispute resolution.

Employment Tribunal
Typically used for claims after employment ends, with remedies capped at £25,000. Common claims include unpaid wages, bonuses, or holiday pay. Claims must be made within three months minus one day from the alleged breach.
Civil Courts
For higher-value claims or where the employee is still employed, civil courts may offer remedies like damages or, in rare cases, injunctions. Claims can be filed up to six years after the breach.
Alternative forms of Resolution
Breach of contract disputes can lead to financial and professional damage. In many cases, resolving the issue amicably can save time, reduce costs, and preserve professional relationships. There are several options for resolving disputes, including mediation, alternative dispute resolution (ADR), and negotiation.

Our experienced solicitors are here to guide you through the best approach to resolve your breach of contract dispute, ensuring you take the most appropriate course of action based on your circumstances.

How We Can Help You

A breach of employment contract can have serious financial and professional consequences. Professional legal guidance is crucial to ensure the best outcome for your claim.

Our services includes:

Providing initial advice and recommending the best course of action for your claim

Handling Employment Tribunal and Civil Court claims

Assisting with negotiation, mediation, and litigation to resolve the dispute effectively

Offering clear, practical guidance at every stage of the process

We bring clarity and legal expertise to what can often be a stressful and complex situation, working tirelessly to secure the best possible result for you.

Frequently Asked Questions

Can verbal employment contracts be legally enforced?

Yes. Even if your contract is verbal, it can still be legally binding under UK law. The employer must still provide a written statement of employment particulars within two months of starting work.

What is the difference between breach of contract and wrongful dismissal?

Breach of contract: Occurs when contractual terms are not followed, such as unpaid wages or failure to provide notice.

Wrongful dismissal: A type of breach that specifically involves dismissal without providing the contractual or statutory notice period.

Can I make a breach of contract claim while still employed?

Yes. Civil court claims can often be pursued while you are still employed, particularly for ongoing obligations like unpaid wages or withheld benefits.

Can employment policies or handbooks form part of my contract?

Yes. If your contract references workplace policies, handbooks, or bonus schemes, these may be considered express contractual terms, and failure to follow them can constitute a breach.

How long do I have to bring a breach of contract claim?

Employment Tribunal claims: generally within three months less one day from the alleged breach.

Civil court claims: can be brought up to six years after the breach.

Can mediation or negotiation be used to resolve a breach of contract dispute?

Yes. Many disputes are resolved without going to a tribunal or court by using mediation, alternative dispute resolution, or direct negotiation with your employer.

What evidence do I need to support a breach of contract claim?

Evidence can include:

Written contracts, emails, or correspondence confirming terms
Payslips, bonus statements, or records of benefits
Records of holiday entitlements or notice period
Notes or documentation of attempts to resolve the dispute internally

Can a serious breach of contract lead to constructive dismissal?

Yes. Fundamental breaches, such as non-payment of wages or repeated failure to comply with contractual obligations, may give grounds for constructive dismissal if you resign as a result.

Speak to Our Employment Law Experts

If you believe your employer has breached your contract, whether through unpaid wages, withheld bonuses, insufficient notice, or other contractual violations, it’s crucial to seek specialist legal advice. Our experienced employment solicitors can guide you through every step of the claims process, protect your rights, and work to achieve the best possible outcome for you.

Over 170 years of experience in Employment Law for employees

Proven success in claims for unpaid wages, bonuses, and other contract breaches

Clear, fixed-fee pricing for transparency and peace of mind

We are fully regulated and authorised by the Solicitors Regulation Authority.

We assist employees across Hampshire and beyond, with offices conveniently located in Fareham, Portsmouth, Southampton, Chandler’s Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment for convenience and flexibility.