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Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Contracts of employment
A contract of employment is a legal agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. The employment contract is made as soon as a job offer is accepted.
Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.
Resignation and termination of employment
A contract of employment may be ended with the agreement of both parties, or by the employer or employee giving the required amount of notice.
Hours of work
The amount of hours and employee works for employer should be clearly laid out in the employment contract.
Probationary periods
Employers may sometimes state that a contract of employment is permanent subject to the completion of a satisfactory probationary period.
Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Apprenticeship
An apprentice is someone who is engaged through an employment contract to undertake a course of training and learning in order to practice a skilled trade or profession.
Amendment to the Working Time Regulations - Pay and Carryover of holidays
The Working Time (Amendment) Regulations (Northern Ireland) 2023 came into force on 1st January 2024 and set out the legal obligations on carry over of holiday and what constitutes pay for the purposes of calculating holiday pay.
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.