Employment contracts are essential documents that set out the rights and responsibilities of both employers and employees. When one party fails to uphold their part of the agreement, it can lead to disputes and potentially serious legal consequences. If you live or work in Swanage and suspect that your employment contract has been breached, it is important to act quickly and carefully.
In this guide, we outline the key steps to take if you believe your employment rights have been violated and how legal professionals like Marley Solicitors can help you navigate the process.
Understanding what constitutes a breach of contract
Before taking any action, it is important to understand what qualifies as a breach of contract. A breach occurs when one party fails to perform their obligations as set out in the agreement. Common examples in the workplace include:
- Failure to pay wages on time or in full
- Unlawful deduction from wages
- Changing terms of employment without consent (such as job role or working hours)
- Unfair dismissal
- Not providing agreed benefits (such as bonuses, sick pay or holiday entitlement)
Both employees and employers can be responsible for breaches, and each case will depend on the specific terms in the contract.
Review your employment contract thoroughly
The first step is to locate and read through your employment contract. It is crucial to determine whether the suspected issue genuinely goes against the agreed terms. Look for any clauses related to pay, working conditions, notice periods, duties, and dispute resolution procedures.
If the contract contains ambiguous language or you are unsure about certain sections, seek professional advice to interpret the terms accurately.
Keep a detailed record of events
Document everything related to the suspected breach. This should include:
- Dates and times of incidents
- Names of people involved
- Copies of communications (such as emails or text messages)
- Payroll information, if applicable
- Any previous attempts to resolve the matter informally
Keeping accurate records will support your case and help your solicitor understand the full context.
Raise the issue internally first
In many cases, it is best to try resolving the issue informally before pursuing legal action. This can involve:
- Speaking with your manager or supervisor
- Contacting the HR department
- Sending a formal grievance letter outlining your concerns
Employers in Swanage, like those elsewhere in the UK, are generally required to follow proper grievance procedures. Raising the matter internally first shows that you are acting reasonably and can strengthen your position if the case escalates.
Seek advice from an employment solicitor in Swanage
If informal efforts do not resolve the issue, you should seek advice from a local employment solicitor who understands the legal framework and the specific challenges employees face in Swanage.
At Marley Solicitors, we can assess whether a breach has occurred, explain your legal options, and help you take appropriate action. Depending on the circumstances, we may recommend:
- Negotiating a settlement with your employer
- Helping you raise a formal grievance
- Representing you at an employment tribunal
- Advising on resignation and constructive dismissal claims
Having professional guidance can reduce stress and increase your chances of a positive outcome.
Understand your time limits
In employment law, time limits are strict. Most claims to the employment tribunal must be made within three months less one day from the date of the breach or the last incident. Missing this deadline can result in your case being dismissed, regardless of its merits.
This is why early legal advice is so important. If you are unsure when the breach occurred or whether the time limit applies to you, speak with a solicitor without delay.
Consider alternative dispute resolution
In some cases, alternative dispute resolution methods such as mediation or arbitration can be effective. These processes aim to resolve disputes without going to court or tribunal and can be quicker and less confrontational.
Your solicitor will be able to advise whether these options are suitable for your situation and whether your employer is likely to engage in them constructively.
Prepare for an employment tribunal
If all other options have been exhausted and you are advised to pursue a tribunal claim, you will need to prepare your case thoroughly. This may involve:
- Completing the required ACAS early conciliation process
- Filing the appropriate tribunal forms
- Organising your evidence and witness statements
- Attending hearings, either in person or remotely
Tribunals can be complex and require strong preparation, especially when facing well-resourced employers. Having a knowledgeable solicitor on your side can make a significant difference.
Compensation and remedies available
If your claim is successful, you may be entitled to compensation. The amount awarded will depend on several factors, including:
- The type of breach
- Financial loss suffered
- Emotional distress
- Your efforts to mitigate the damage
Tribunals can also recommend that your employer take steps to prevent similar issues in the future or, in some cases, order reinstatement if you were unfairly dismissed.
Preventing future breaches
Once your matter is resolved, take steps to protect yourself in the future. Consider:
- Keeping all contracts and work-related correspondence organised
- Seeking legal advice before signing any new employment agreements
- Understanding your rights under UK employment law
Employers in Swanage should also take proactive measures to comply with employment laws and maintain clear communication with staff to avoid future disputes.
Why choose Marley Solicitors in Swanage?
At Marley Solicitors, we are committed to protecting the rights of employees and promoting fair treatment in the workplace. Based in Swanage, we understand the local employment landscape and offer practical, straightforward advice tailored to your needs.
Whether you are dealing with a contractual dispute, wage issue, or unfair dismissal, we are here to help you secure the outcome you deserve.
Speak to a trusted solicitor today
If you suspect a breach of your employment contract, do not delay. Contact Marley Solicitors in Swanage for a confidential consultation. We can guide you through the legal process, explain your rights, and help you take the right steps to protect your interests.
