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Breach of contract


I need to clarify the following before I continue with any action. My company has unilaterally terminated my contract. The action is unjustified and no formal discussions had taken place over any queries of performance. They argue that there is no break of contract as:
it states in the contract that there is no disciplinary procedure – but
it does allow for a grievance procedure which is remarkably like a disciplinary in all but name. I have been advised that this could be open to interpretation but I would like the views from other practitioners.

Other information:
Whilst they are offering me the equivalent of three months net salary ( I am on three months notice) as an ex gratia payment, they have refused the following:
any right of response
no reason as to why the payments are the equivalent of net
no payment of benefits – in this case only holiday.
Stuart McCran

2 Responses

  1. Dismissal terms
    Stuart, Is this resolved now? If not here are a few pointers. You now have a statutory right to be accompanied at a disciplinary meeting (was this the case for you?). There must be a disciplinary procedure – it is a legal right. you have 3 months from dismissal to bring an unfair dismissal case (assuming you have 1 years service)Do you have a written contract? If so what does it say about termination and pay in lieu of notice?
    Feel free to e-mail me back if you want some more help.

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