Where an Employee Has Left Employment but is Then Found to Have Acted Fraudulently, Can The Employer Bring a Claim For Breach of Contract?

Posted in : First Tuesday Q&A NI on 2 November 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Disciplinary and Grievance; Gross Misconduct; Tribunal Procedures

Within an employer’s disciplinary rules or disciplinary procedure there will usually be a list, or examples, of what constitutes gross misconduct. This list will usually include fraud. Therefore, fraud on the part of an employee is likely to amount to a fundamental breach of contract that, if the employee was still employed, would entitle the employer to terminate the contract.

The tribunal will have jurisdiction to hear an employer’s claim for breach of contract against a former employee if, and only if, that former employee has included a contract claim in their ET1 claim form which has been served on the employer. The claim would therefore be a contractual counterclaim. However, if the

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Back to Q&A's This article is correct at 02/11/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton