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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.
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.
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.
Pay in Lieu of Notice (PILON)
A payment in lieu of notice is made in circumstances where an employee is not required to work their notice period but is paid a sum of money instead.
Giving and Accepting Notice
If the employer or employee wishes to end the employment relationship they must give each other notice.