Breach of Contract

sorcerer

If work don't pay your wages, which I think is a breach of contract, can i then refuse to give them 3 months notice of me leaving if this was part of that contract.

Uncertain

sorcerer wrote: »

If work don't pay your wages, which I think is a breach of contract, can i then refuse to give them 3 months notice of me leaving if this was part of that contract.

Short answer - yes.

I'll reply in more detail later unless somebody beats me to it.

sorcerer

thanks, would be intresting to hear more details.

ILW

Why have they not paid the wages?

sorcerer

At the moment it's hyperthetical, but let's says it's because they don't actually have the money to pay them.

Uncertain

To fail to pay wages (particularly repeatedly) is a fundamental breach of contract on the part of the employer. Were this to happen you would be well advised to initially submit a grievance. If this fails you could resign with immediate effect and make a claim for constructive dismissal.

Any claim by the employer against you for beach of contract (i.e. failing to give you contractual notice) would fail.

sorcerer

Excellent thanks for the information.