Breach of contract?

Bren1609

In a purely hypothetical situation, say I had a fixed term employment contract which was terminated early, outside of the probation period, without notice the reason being for example "you're too nice for this job", and under the terms of the contract it states that one months notice is to be given or payment in lieu of. Is there a case for breach of contract and if so would there be any recourse for the person involved. Also as it is a contract do normal disciplinary procedures apply i.e. verbal warning, written warning etc.

partyguinness

In theory, a Contract cannot be broken unilaterally.

If the person received payment in lieu of notice then no problem. If not, then the employee can sue for breach of contract in the District or Circuit Court depending on the amount.

A claim for unfair dismissal can only be taken after 12 employment with the employer.

There are many scenarios that cannot be discussed properly here.

Pull_a_tition

Oh the joys of contracting.
With the big money comes the big risk.

Usualy this type of contract would have a clause stating the the contract may be terminated by either party with one months notice. The client/employer would not be required to give any reason for the termination. The client/employer is terminating the contract within the terms of the contract therefore I dbout the claim of breach of contract could be up held.

If the contract was due to terminate (or be renewed) in March 2010 and the Client/Employer terminates at the end of October there may be a case that the contractor may be able claim for loss of profit for the November to March period....I would think that this is a bit iffy as a good account would have the contractors comapny not making much (if any) profit.

If you got offered payment up to the end of November (ie two months not one) then I'd recomend you take it.

Bren1609

Pull_a_tition wrote: »

Oh the joys of contracting.
With the big money comes the big risk.

Usualy this type of contract would have a clause stating the the contract may be terminated by either party with one months notice. The client/employer would not be required to give any reason for the termination. The client/employer is terminating the contract within the terms of the contract therefore I dbout the claim of breach of contract could be up held.

This is a PAYE fixed term contract that was terminated early but was due to be renewed on 31 December.

The contract was terminated effective immediately without notice and two weeks pay was offered although the contract states that one months notice is to be given by either party. It was due to be renewed at the end of December 2009 although nothing to this effect in writing. The salary being paid was in circa €30K per annum so more of a average income big risk type scenario.

Pull_a_tition

Bren1609 wrote: »

Say two weeks pay was offered, contract was due to be renewed at the end of December 2009 although nothing to this effect in writing. The salary being paid was in circa €30K per annum.

There in lies the rub.

If the contract say's one months notice then you would be required to work that last month, clear your desk and leave.
If they want to to leave before the month is up they will be still required to pay you for the full month.

Sorry I can't see any more outs (If they are 'sad' that they have to let you go then right up the world's best referance letter and get the big bosses to sign it)

Bren1609

Since the contract was terminated without notice, there is nothing in writing. Would it be wise to send an email to the effect that contract was terminated on x date and to request copy of P45? If not, they could pontentially say that the person never showed up for work.