Contract of Employment & Contractual Disputes
OH Parsons has a dedicated team of specialist employment lawyers who have for many years served only claimants in their employment matters.
Employees are often confused about the status of the contract of employment, and what how if affects their practical day while in work. An employee’s contract of employment is the framework of the employee / employer relationship. A number of rights and duties stipulated in the contract of employment are enforceable through the employment tribunal and/or county court and a right to make a claim with reference to a breach of these rights arises as soon as a breach occurs.
The Employment Rights Act requires employers to provide most employees with a written statement of the main terms and conditions of employment within two months of starting work. However, not all terms are explicitly agreed in writing.
The courts have established that all employment contracts have the following terms included whether express or implied:
i) to maintain trust and confidence through co-operation
ii) to act in good faith towards each other and
iii) to take reasonable care to ensure health and safety in the workplace. Some implied terms can become part of the contract because of the employer and employee’s behaviour, through custom and practice over time, or through a firm’s rules which are not specifically referred to in a policy or procedure document.
When an employee is faced with a conflict with their employer over a potential breach of their contract, whether it is an express term (written within the contract) or is implied (as mentioned above) it can be unsettling raising this out of concern for their job.
In the event you think your employer has breached your contract of employment, our expert lawyers will be able to assist you. Whether that is to advise you on whether a breach has actually taken place at all, or representing you while trying to rectify the breach through negotiation or a court hearing.
If you have any queries or you think we can help then contact one of our solicitors on 24 hour Advice Line 0800 526 368 or click here to email us.
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