Breach of Contracts

A breach of contract happens when an employer or employee doesn’t follow the rules of the job agreement. This could mean not paying wages on time, changing working hours without permission, or unfairly firing someone. Breaches can involve express terms, which are clearly agreed upon in writing or spoken, like pay or work duties. They can also include implied terms, which are not written but expected, like providing a safe workplace.

When a contract is broken, it can cause problems for employees, especially if it affects their pay or job security. Knowing your rights is important if you feel your employer is not keeping to the agreement.

At Hopkins Solicitors, we help employees deal with contract disputes. If you’ve already gone through the ACAS process, our team is here to give expert legal advice. We can help you take action to protect your rights and resolve the issue.

What is a Breach of Contract? 

Express vs. Implied Contract Terms 

In every employment contract, there are two types of terms: express and implied. Express terms are the ones that are clearly written or agreed upon, like your salary, working hours, or job role. These terms are straightforward and form the basic agreement between you and your employer.

On the other hand, implied terms are not always written down but are still part of your contract. These includes your employer’s duty to provide a safe working environment. Or even the expectation of mutual trust between you and your employer. Even though they aren’t always stated, they are important to maintaining a fair working relationship.

Breaches of contract can happen with both express and implied terms. For example, if your employer fails to pay your wages on time, doesn’t offer agreed benefits, or puts you in unsafe working conditions, they are breaking the terms of your contract.

Types of Breach of Contract 

A breach of contract happens when one party fails to meet the terms of the agreement. In the workplace, there are different types of breaches that can affect the employee-employer relationship.

A minor breach is a small or technical violation that doesn’t drastically change the employment situation. For example, if an employer is a day late in paying wages but quickly corrects it, this would be considered a minor breach. While frustrating, it usually doesn’t entitle the employee to take legal action unless it becomes a recurring problem.

A material breach, on the other hand, is more serious. This could involve not paying wages, reducing agreed-upon benefits, or changing your role without approval. A material breach is significant enough to allow the employee to take legal action. Or even leave the job without facing legal consequences.

The Role of ACAS in Contract Disputes

What is ACAS Early Conciliation? 

ACAS Early Conciliation is a free service that helps resolve workplace disputes before they go to court. This service is important because it gives both employees and employers a chance to settle disagreements without the need for legal action, which can save time, stress, and costs. It covers disputes like unfair dismissal, unpaid wages, or issues with employment contracts.

The process starts when you contact ACAS to register your dispute. After registering, an ACAS conciliator will get in touch to discuss the issue. The conciliator acts as a neutral party, helping both sides come to an agreement. If a settlement is reached, the matter is resolved without further steps.

If no agreement is made, ACAS will provide a certificate. This certificate is required if you want to take the case to an employment tribunal. Hopkins Solicitors can guide you through this process and help ensure your rights are protected.

How ACAS Helps Resolve Breach of Contract Cases

ACAS plays a vital role in resolving breach of contract cases between employees and employers. When disputes arise, ACAS can step in as a neutral mediator. This means they help both sides talk through their issues and find a solution without needing to go to court. This mediation process is beneficial for everyone involved, as it often leads to a more amicable agreement.

One of the biggest advantages of using ACAS is cost savings. Going to court can be expensive, but with ACAS, both parties can save money and avoid lengthy legal battles. Additionally, the conciliation process is confidential, meaning that discussions stay private. This allows employees and employers to communicate openly without fear of public exposure.

Another benefit is that resolutions through ACAS can happen more quickly than through court proceedings. Time is often of the essence in workplace disputes, and ACAS helps speed up the process so that both sides can move forward. At Hopkins Solicitors, we support clients in utilising ACAS for breach of contract cases. Our expertise ensures that your rights are upheld. We help guide you through the conciliation process for the best possible outcome.

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Taking Legal Action for Breach of Contract 

Tribunal Eligibility and Deadlines 

Employees may bring a breach of contract claim to an employment tribunal, but certain conditions must be met. First, the breach should have happened while you were still employed or shortly after you left your job. This means that if your employer fails to pay wages or does not follow the terms of your contract, you can take action. However, it’s important to act quickly, as you must make your claim within three months of the breach. Missing this deadline could prevent you from pursuing your case.

When you bring a case to an employment tribunal, you can seek compensation for your losses. The tribunal can award compensation for breach of contract cases, with the amount being up to £25,000. This can help cover any financial losses you may have faced due to the breach, such as unpaid wages or benefits.

We understand the importance of meeting these deadlines and ensuring your claim is valid. Our team is here to guide you through the process, helping you prepare your case and represent you in the tribunal if necessary. We aim to protect your rights and ensure you receive the compensation you deserve. If you believe you have a breach of contract claim, reach out to us for expert support and advice.

When to Consider Civil Court

Sometimes, it may be necessary to take breach of contract claims to civil court instead of an employment tribunal. One important reason to consider this option is when the potential damages you are seeking exceed £25,000. In such cases, a civil court can handle larger claims and provide the opportunity to pursue greater compensation for your losses.

There are also key differences between tribunals and court cases. For example, civil court cases typically involve higher legal costs. This means you may need to pay for more extensive legal help, which can be a significant financial commitment. Additionally, the time limits for making claims in civil court are longer. You have up to six years to bring a claim, compared to the three-month deadline for employment tribunals. This extra time can allow you to gather more evidence and prepare your case thoroughly.

We can help you decide whether to take your breach of contract claim to civil court or pursue it through an employment tribunal. Our team has the expertise to guide you through the complexities of the legal system, ensuring that you understand your options and make informed choices. If you think your case may require a civil court, don’t hesitate to reach out to us for professional advice and support.

Costs Involved in Breach of Contract Claims 

Cost Considerations for Employees

Taking legal action can be a significant financial burden for employees, especially if they are already out of work. Legal fees can add up quickly, and this can cause stress and uncertainty during an already challenging time. At Hopkins Solicitors, we understand these concerns and are committed to helping you manage the financial aspects of your case.

We believe in transparent pricing, which means you will know what to expect in terms of costs from the start. We will discuss our fees with you clearly, so there are no hidden surprises. Our team will also help you assess whether pursuing legal action is the best option for you, considering the potential costs and outcomes.

It’s essential to weigh the benefits of taking action against the expenses involved. In some cases, a settlement or agreement may be possible without going to court, saving you time and money. Our experienced solicitors will provide honest advice tailored to your situation, helping you decide the best path forward.

If you’re unsure about the costs and whether to take legal action regarding your employment situation, don’t hesitate to reach out to us. 

Funding Options and Fee Waivers

At Hopkins Solicitors, we understand that the cost of legal action can be a concern for many employees. To help with this, we offer different funding options to make it easier for you to seek justice. One popular choice is the no-win, no-fee arrangement. This means you won’t have to pay legal fees unless we win your case. If you don’t win, you won’t owe us anything, which takes the financial pressure off you.

Another option is fee waivers, which can help reduce or even eliminate certain costs. These waivers may be available based on your financial situation, making legal help more accessible. We’ll work closely with you to explore these options and find the best solution for your needs. Our goal is to support you through the legal process without adding extra stress about costs. If you have questions about funding options, please reach out to us for more information.

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How Hopkins Solicitors Can Help You 

At Hopkins Solicitors, we are dedicated to helping employees understand breach of contract disputes. Our expert team provides initial consultations to discuss your situation, review your contract, and explore your options. We understand that these disputes can be stressful, so we aim to provide clear advice and support throughout the process.

If you have already gone through the ACAS process and need to take your case further, we can represent you at employment tribunals. Our skilled solicitors are experienced in handling cases like yours, working to help you recover compensation or resolve disputes amicably. We believe in finding the best solution for our clients, whether that means negotiating a settlement or pursuing legal action.

With our guidance, you can feel confident knowing you have expert support by your side. If you’re facing a breach of contract issue, don’t hesitate to contact us for help.

Conclusion: Take Action Now 

If you believe your contract has been breached, it’s important to take action quickly. Start by checking the terms of your contract to understand your rights and see if any specific conditions have been violated. Once you have this information, you can contact ACAS for advice on resolving the issue without going to court.

Don’t hesitate to seek legal advice from Hopkins Solicitors. Our experienced team can guide you through the ACAS process and help you prepare for any tribunal claims if needed. We are here to support you every step of the way, ensuring your rights are protected. Remember, acting quickly can make a difference in resolving your situation. Reach out to us today for expert help in managing your breach of contract case.

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