Contract of employment
(V). Contract of employment
Procedure
The Union's Legal Services Department assists members, branch
representatives and officials in assessing and pursuing breach of
contract claims. All requests for advice, assistance or
representation in breach of contract claims should be made to the
Legal Services Department. The Legal Services Department may refer
the matter either to the panel of trained representatives or
instruct specialist employment solicitors from their panel to
advise on prospects and/or represent the member(s).
Breach of contract claims can be run either in the Employment
Tribunal for unlawful deduction of wages claims or for breaches of
contract outstanding or arising at the termination of employment,
or in the county court for any breach of contract claim.
Time Limits
A claim for unlawful deduction of wages must arrive at the
Employment Tribunal no later than 3 months less one day from the
date the deduction was made (that is, when payment should have been
made and wasn't or when the wrong amount was paid). If there
was a series of similar deductions time runs from the date of the
last deduction.
Other breach of contract claims can be made in the Employment
Tribunal after the employment has ended. Such claims must be
lodged with the tribunal within 3 months of the date employment was
terminated.
The time limit for breach of contract claims in the county court is
6 years from the date of the breach of contract.
Evidence Required
The contract of employment is made up of the following:
1. the standard letter of appointment / contract / statement of
particulars of terms and conditions,
2. documents / agreements referred to in the contract as being part
of it
3. terms implied by law or by custom and practice
In order to assess whether or not there has been a breach of
contract, the Legal Services Department therefore need copies of
all relevant documents including:-
1. the latest applicable standard contract/statement of terms
2. any relevant instruction/policies or national and/or local
agreements
3. evidence of the alleged breach of contract, for example, pay
slips
It would also be useful for Legal Services Department to be sent
copies of any correspondence and/or notes of meetings about the
matter.
Remedies
The remedy for an unlawful deduction of wages claim is a
declaration that the complaint is well founded and an order to
reimburse the amount outstanding.
The compensation for breach of contract is calculated by assessing
what the claimant would have received had the contract been
properly complied with. The claimant is expected to "mitigate
their loss" (that is, to do all they can to minimise their
loss) for example, by seeking alternative employment where there
has been a dismissal without proper notice.
In the Employment Tribunal, the maximum that can be awarded from
breach of contract is £25,000.00. There is no maximum for the
amount that can be claimed in the county court.
