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23 My employer is breaching the terms of my contract. What can I do?

If your employer is breaching the terms of your contract you should first point it out to them either verbally or in writing. Try and be tactful because your employer may have made a mistake they are happy to correct quickly.

If your employer does nothing you should write to them raising a formal grievance and saying that you will make a claim against them at an Employment Tribunal if it is not satisfactorily resolved.

If your employer still does nothing you have a choice. You can make a claim for breach of contract at an Employment Tribunal.

If you think the breach of contract was an act of discrimination against you then you can make a claim for discrimination at an Employment Tribunal.

This means that an Employment Tribunal may treat your resignation as unfair dismissal if your employer’s breach of contract is considered to be serious enough. It is important that you seek specialist legal advice as soon as possible and before you take any action, as it is very hard to prove that your employer’s behaviour caused ‘constructive unfair dismissal’. Few cases succeed.

In all of these cases, contact your nearest Employment Tribunal Office for a claim form. You will have to make the Employment Tribunal claim within 3 months beginning with the date of termination of your employment or your last working day.

If you need help dealing with a contractual breach by your employer, or any other aspect of employment, we recommend that you speak to one of our employment telephone advisers on 0845 345 4 345 for specialist advice.  Specialist telephone advice is only available if you qualify for legal aid.

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Last updated on 21 October 2016
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