Employers Need to Understand their Contracts
An employer that even indicates an intention not to pay the full contractual pay due to a misunderstanding of what they are due to pay, can be found to have been in fundamental anticipating breach of the employment contract.
In the case of Roberts v The Governing Body of Whitecross School, the school had indicated to the employee, Mr P G Roberts, that they were only going to pay him 50% of his full pay – a “settled intent”, that “was in fundamental anticipating breach of contract” as they misinterpreted the contract while aware that there was doubt about the correct interpretation of the contract.
Understanding Employment Contracts Doesn’t Need to be Complicated
There’s no need for an employer to make mistakes like this, and taking advice at the right time can mean employers avoid an employment tribunal. As part of the support for our clients, we ensure your contracts are suitable, and will have these to hand whenever we provide advice to you. And employment contracts from Employment Law Clinic comes with guidance notes for the employer & its managers, to help you understand what your contract covers & what is required of you as an employer.
Employment contracts can be confusing, but with the right support at the right time, your business doesn’t need to take the risk of constructively dismissing an employee.