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breach of contract

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  • breach of contract

    Am I right in thinking that breach of contract covers breach of an employment contract, especially with regard to Duty of Care? I have been looking into rights of temporary workers and fixed term contract workers and it appears to me that almost any contract that has terms for both sides is a contract, and if breached by one side, should be actionable. I wish to take action against a Company in respect of a fixed term contract that I see as being breached and a discussion with a solicitor leans towards the situation coming under wrongful dismissal. I have started by issuing a SAR for my files but this and my follow up letters have been ignored for two months now. About to involve the Information Commissioner's Office as I need that data to see what was and wasn't done etc, before proceeding further. Any thoughts would be welcome.
    thanks
    Tags: None

  • #2
    Re: breach of contract

    [MENTION=51026]Ula[/MENTION] ??

    - - - Updated - - -

    have you read this [MENTION=36324]gwenlillian[/MENTION]?? https://www.nidirect.gov.uk/articles/breach-contract
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    • #3
      Re: breach of contract

      In my experience the Information Commissioner's Office are a waste of space. They will just take employer's word about everything and there is nothing you can do to prove otherwise. If employer says they gave you all the information you asked for, how can you prove they didnt?

      If you intend to go to Employment Tribunal you first have to satisfy all the requirements of an ET and make the claim within 3 months...and then if you get to ET you could end up with a judge who ignores employment law and sides with the employer no matter what (yes it does happen, it happened to me).

      That said, give it a go because you definitely wont get anywhere if you do nothing!

      Comment


      • #4
        Re: breach of contract

        Yes breach of contract can cover an employment contract. Yes employers do have a legal duty of care to their employees.

        The company has up to 40 days of the date on which the SAR is received or (if later) the day on which they receive:

        * the fee if any is applicable. The maximum fee the company can charge is £10.
        * any requested location information
        * any information requested to confirm the requester’s identity

        If an SAR is not complied with you can make

        *a statutory request to the ICO asking the ICO to determine whether or not it is likely that the SAR has been carried out lawfully. The ICO can serve a notice on the company requiring them to provide information
        * an application to court alleging breach of the SAR rules and seeking an order for compliance
        * a claim for compensation against the company. The company would have a defence if it can prove that it had taken such steps as were reasonable in the circumstances to comply with the subject access request rules.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


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        • #5
          Re: breach of contract

          hi and thank you all for responding. I am going to get the ICO involved in the hope that this will further focus my former employer. They have some serious matters to answer in respect of Duty of Care, and failing to provide payslips etc. There is also an element of Whistleblowing which is going to be complicated as I have already been forced out. I had sent my correspondence to their registered office in London along with local office but absolutely no response from them, and this is an international Company. Amazing to me that they are doing this but I am guessing they have much to hide.

          Comment

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