How To Write A Particulars Of Claim For Breach Of Employment Contract

A Particulars of Claim is the formal written statement used in court proceedings to set out the facts and legal basis of a claim. In the context of employment disputes, it is most commonly used in County Court proceedings for breach of employment contract, including unpaid wages, notice pay, bonuses, and other contractual entitlements.

While many employment disputes are heard in Employment Tribunals, breach of contract claims can also be brought in civil courts depending on the circumstances and jurisdictional limits. The Particulars of Claim is a critical document because it defines the scope of the dispute and the legal remedy being sought.

What a breach of employment contract claim involves

A breach of employment contract occurs when one party fails to comply with an agreed contractual term. In employment law, this often includes:

• Failure to pay contractual notice pay
• Non-payment of salary or wages
• Withholding bonuses or commission
• Breach of express contractual procedures (such as disciplinary or redundancy processes)
• Failure to provide contractual benefits such as pension contributions or holiday entitlement

The legal foundation of such claims is contract law, supported by general principles of English law and, where relevant, statutory employment protections.

Purpose of Particulars of Claim

The Particulars of Claim performs several key functions:

• Sets out the factual background of the dispute
• Identifies the contractual terms allegedly breached
• Explains how the breach occurred
• Specifies the loss suffered
• States the remedy sought (usually monetary compensation)

Courts rely heavily on this document to understand the issues in dispute and determine the legal framework of the case.

Legal framework for breach of employment contract claims

Employment contract claims are governed by:

• Common law principles of contract
• Employment Rights Act 1996 (for related statutory rights)
• County Court procedural rules (Civil Procedure Rules – CPR)
• Tribunal jurisdiction rules (where applicable for parallel claims)

Jurisdiction is important. Certain contractual claims may be brought in:

• Employment Tribunal (limited breach of contract jurisdiction)
• County Court (broader contractual jurisdiction, subject to limits)

Understanding the correct forum is essential before drafting particulars.

Structure of a Particulars of Claim

A properly structured Particulars of Claim typically includes the following sections:

1. Parties

Identification of claimant and defendant, including:

• Full legal names
• Employer's registered company name (if applicable)
• Job title and employment relationship

2. Employment background

This section sets the context:

• Start date of employment
• Role and duties
• Salary and contractual benefits
• Relevant contractual documentation (employment contract, handbook, offer letter)

3. Contractual terms

Clear identification of the relevant terms, such as:

• Notice period clause
• Payment provisions
• Bonus or commission terms
• Holiday entitlement provisions
• Disciplinary or termination procedures

The claimant must show that these terms formed part of the contract.

4. Breach of contract

This is the central part of the claim.

It should explain:

• What term was breached
• How the employer breached it
• When the breach occurred
• The factual circumstances surrounding dismissal or termination

Example issues include:

• Immediate termination without notice
• Failure to pay accrued wages
• Incorrect calculation of final pay

5. Causation and loss

This section links breach to financial loss:

• Unpaid salary or wages
• Notice pay entitlement
• Loss of benefits (pension contributions, bonuses)
• Accrued holiday pay

Loss must be clearly quantified or capable of calculation.

6. Interest (if applicable)

Claimants may include statutory interest under the County Courts Act 1984 where appropriate.

7. Remedy sought

This section specifies what is being requested, usually:

• Payment of damages for breach of contract
• Payment of outstanding sums
• Interest
• Court costs

Step-by-step approach to drafting Particulars of Claim

Step 1: Identify the contract and terms

The starting point is the employment contract and any incorporated documents. These define legal obligations.

Step 2: Establish the breach

Clearly identify the employer's failure to comply with the contract. The focus should be factual rather than argumentative.

Step 3: Set out a chronological narrative

A structured timeline is essential:

• Employment start
• Relevant events leading to dismissal or breach
• Termination date
• Post-termination issues (e.g. unpaid sums)

Step 4: Quantify financial loss

Loss must be set out clearly:

• Gross or net salary calculations
• Notice period value
• Contractual entitlements outstanding
• Supporting calculations where necessary

Step 5: Draft concise legal basis

The claim should briefly state that:

• A valid contract existed
• The employer breached specific terms
• Loss resulted directly from breach

Step 6: Ensure procedural compliance

The Particulars of Claim must comply with:

• Civil Procedure Rules (CPR Part 16)
• Requirement for clear, concise statements
• Avoidance of irrelevant narrative or argument

Common mistakes when writing Particulars of Claim

Lack of clarity in contractual terms

Failure to specify exact clauses weakens the claim.

Overly narrative drafting

Excessive storytelling without legal structure reduces legal clarity.

Inadequate loss calculation

Courts require precise financial breakdowns.

Mixing tribunal and court terminology

Employment Tribunal claims use different procedural rules from civil court claims.

Failure to establish jurisdiction

Incorrect forum selection can result in strike-out or transfer delays.

Evidence supporting a breach of contract claim

While Particulars of Claim is not evidence itself, it should be supported by:

• Employment contract
• Payslips
• Bank statements
• Email correspondence
• HR documentation
• Termination letters

These documents will later form part of disclosure.

Time limits for breach of employment contract claims

In County Court:

• Limitation period is generally 6 years from the date of breach under the Limitation Act 1980

In Employment Tribunal (where applicable):

• Typically 3 months minus 1 day for contractual claims linked to dismissal

Correct classification of jurisdiction affects limitation rules significantly.

Example structure of Particulars of Claim (simplified)

A typical format includes:

• Introduction and parties
• Employment details
• Contract terms relied upon
• Particulars of breach
• Loss and damage
• Interest
• Statement of truth (required under CPR rules)

The Statement of Truth confirms the accuracy of the information and carries legal consequences if false.

Relationship with Employment Tribunal claims

Some claimants pursue parallel or alternative claims:

• Tribunal: unfair dismissal or statutory claims
• County Court: broader contractual claims

However, duplication of claims may be restricted depending on jurisdictional overlap.

Key Takeaways

A Particulars of Claim for breach of employment contract is a structured legal document used in County Court proceedings to set out how an employer has breached contractual obligations. It must clearly identify the contract, specify the breach, quantify financial loss, and comply with civil procedure rules. A well-drafted claim relies on clarity, precise legal framing, and accurate financial calculation, supported by documentary evidence. Jurisdiction and limitation periods are critical factors that determine whether and how a claim can proceed.