How soon after a breach do you have to act?

[Mevus2]

I want to make a claim for breach of contract. The breach is failure to follow grievance procedures stated clearly in the contract. My grievance was 70 days ago- my employer confirmed receipt and then never responded . 3 days ago they finally responded that they consider the matter concluded because of the time frame. So I intend to make my claim for breach of contract from the date of the email 3 days ago as before that I had no idea what was happening.

Does my employer have a strong case in arguing that, by staying and not following up sooner I accepted the breach?.

i know you have to act immediately for constructive dismissal cases but does that apply for breach of contract claims too?

[ULA]

What financial loss have your suffered as a consequence of the breach of contract?

Also even though it was related to a grievance, in theory you should actually raise a grievance about the breach of your contract.

You cannot make an employment tribunal claim as you are still employed, however you can bring a court claim for which you have a six year limit, however this all goes back to my first question. If you cannot prove financial loss and quantify that then you are unlikely to succeed in any claim.

[Mevus2]

Thanks Ula, I decided as the contract was breached by then that I was no longer bound by it and quit with no notice. I just walked out and said since I haven’t had a financial loss I don’t intend to pursue them for the breach. My employer is now threatening me with court action stating that I failed to provide the 1 month notice in my contract.

It will probably be a small court claims, do you know what legal test I have to meet to prove the breach of contract was by them? Before I read up on employment tribunal cases and they had tests which had to apply to prove a certain claim….is there anything if like that for small court claims?

[Retromau5]

Would this not fall under a constructive dissmisal? The terms of your contract must surely allow you to raise a grievance in line with the company grievance policy and give you the right to have that grievance heard. By not acting on it they are in breach of contract as you said, and I wouldn't look at it as "by staying and not following up sooner I accepted the breach", but more like by not acting on the grievance they were forcing you to work in the conditions you complained about.

[ULA]

For them to bring a civil claim they will need to prove financial losses for the month of the contractual notice which is directly associated with you not working this period.

Depending on what they would assess their losses at, they will have a fee to pay to file the claim. In addition, if they make a claim, with the court backlog it will be about a year before any claim is heard.

However, when you resigned if you made it clear it was due to a fundamental breach in the terms of your contract (constructive dismissal) then you are entitled to leave immediately without notice. This is because the fundamental breach severs the contract and the contractual obligations under it.