If the Contract of Employment is broken and its terms not followed by the Employer or Employee this can lead to potential claims not only through the Employment Tribunal but the Courts.
Such claims are many and varied: -
- Failure to provide the correct period of notice when terminating the employment relationship.
- Breach of restrictive covenants.
- Unpaid wages.
- Failure to provide benefits in kind or “perks”.
A fundamental breach of the terms of the contract if committed by the Employee could result in the Employer terminating the employment fairly. Furthermore a claim for damages to compensate for the breach may arise or an injunction to prevent the Employee from continuing to act in breach.
If on the other hand the breach is committed by the Employer this could lead to a claim for constructive unfair dismissal following the employee’s resignation.
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