Legal views - Possible breach of contract
Discussion
Looking for some advice if possible - been lurking for years but decided its time to participate
Employer put forward a package 2 years ago, if you signed a new contract you would get a pay rise every July at a set percentage. The agreement states the "settlement date" is the 1st of July every year and so the payments are made in Julys salaries. The deal also had a detrimental effect on other terms of employment such as working patterns.
This year however, the employer has stated the pay increase will not be paid with Julys salaries, for reasons i wont go into (I would prefer to avoid making it obvious who the employer is). It will be paid at a later date, but will be backdated to July when this payment is made. Based on the fact that the agreement was signed with the promise of settlement in July, would this constitute a break of contract, and if so how would this effect the detrimental terms. Could it be argued that these don't apply?
I realise it will be difficult to say for sure if the contract has been broken with this limited info, but it is difficult for me to provide more without identifying the employer, but a guide would be useful as to if its worth pursuing. The reason I ask is because it would be nice to avoid some other terms in this agreement.
If the break in contract is not likely to be proven, could there be an argument that the contract was not signed in good faith, based on the promises of a pay rise now not being forthcoming. If so would there be any merit in pursuing this or am I likely to just have to accept it.
Sorry for the limited information, hopefully there is enough for some useful general advice at least.
Thanks in advance.
Employer put forward a package 2 years ago, if you signed a new contract you would get a pay rise every July at a set percentage. The agreement states the "settlement date" is the 1st of July every year and so the payments are made in Julys salaries. The deal also had a detrimental effect on other terms of employment such as working patterns.
This year however, the employer has stated the pay increase will not be paid with Julys salaries, for reasons i wont go into (I would prefer to avoid making it obvious who the employer is). It will be paid at a later date, but will be backdated to July when this payment is made. Based on the fact that the agreement was signed with the promise of settlement in July, would this constitute a break of contract, and if so how would this effect the detrimental terms. Could it be argued that these don't apply?
I realise it will be difficult to say for sure if the contract has been broken with this limited info, but it is difficult for me to provide more without identifying the employer, but a guide would be useful as to if its worth pursuing. The reason I ask is because it would be nice to avoid some other terms in this agreement.
If the break in contract is not likely to be proven, could there be an argument that the contract was not signed in good faith, based on the promises of a pay rise now not being forthcoming. If so would there be any merit in pursuing this or am I likely to just have to accept it.
Sorry for the limited information, hopefully there is enough for some useful general advice at least.
Thanks in advance.
IANAL.
It comes down to how much of a pain do you want to be?
Is the date at which it will now be paid documented of just tbc? If it's a month or two I'd personally let it slide. If it's open-ended then I might be tempted to suggest that we agree to stop applying the additional terms I took on for the duration of the wait...
It comes down to how much of a pain do you want to be?
Is the date at which it will now be paid documented of just tbc? If it's a month or two I'd personally let it slide. If it's open-ended then I might be tempted to suggest that we agree to stop applying the additional terms I took on for the duration of the wait...
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