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

Your rights if your employer isn't complying with the terms of your contract.

A breach of contract happens when either you or your employer breaks one of the terms of your contract of employment. Your employer could be in breach of contract if, for example, they don’t pay you your wages or if they try to force a change in your working conditions without your agreement.

If your employer is breaching the terms of your contract you should first tell them either verbally or in writing. Be tactful - your employer may have simply made a mistake and be happy to correct it quickly.

If your employer does nothing, write to them raising a formal grievance and saying that you will take action against them if they do not resolve your complaint satisfactorily. Keep a copy of your letter.

If you can’t sort the problem out with your employer, you can make a claim for breach of contract:

to an Employment Tribunal. You can only do this after your employment has ended; or
to the County Court. You can do this even if you are still working for your employer.

If you think your employer discriminated against you in breaching your contract, then you can make a claim for discrimination at an Employment Tribunal.

Normally, you should go through your employer’s grievance procedure before going to an Employment Tribunal. If you don’t do this, and you win your case at the tribunal, you may receive less compensation.

In all of these cases, contact your nearest Employment Tribunal Office for a claim form. You can find out where the nearest office is by calling the Employment Tribunal Enquiry line on 0845 795 9775.

You will have to make the Employment Tribunal claim within 3 months less one day from the date your employment officially ended or your last working day. So if your last day was 1 August 2009, you would have to apply to a tribunal by 31 October at the latest.

A breach of contract can be so serious as to justify an employee resigning and claiming “constructive unfair dismissal”. But before you think about resigning, seek specialist legal advice as soon as possible. It is very hard to prove that your employer’s behaviour caused “constructive unfair dismissal”.

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.