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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9147
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If an employer implicitly makes an employee break the law

Customer Question

If an employer implicitly makes an employee break the law (FCA regulation) in an act which is part of their job duties does this amount to repudatory breach of the employment contract? Is there any case law on this to be sure if yes.
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you give some more information on your situation and tell me how long you have been employed there please.

Customer: replied 1 year ago.
2.5 years, i was resigned in May 2015 (and accepted the repudatory breach providing 6 months notice) however was fired for gross misconduct without notice on June 2015. My question centres entirely around common law, in particular, should an employee duties enforced upon me in 2013 to conduct activities which were illegal amount to a breach of contract dating since 2013 in effect. I wish to determine if my alleged breach of contract came in affect after their breach of contract and hence was in effect unenforceable.
Customer: replied 1 year ago.
There is cash law to show if an employee commits an act which amounts to repudatory breach in the history of employment then this is deemed a breach of contract which can cause summarily dismissal. However a) is the argument symmetric vis a vis an employer b) most critically if the duties placed upon the employee by the employer is an illegal act (FCA law) - but the employee was not aware of this is this a criteria in itself for breach of contract.
Expert:  Ben Jones replied 1 year ago.

Thank you for your response. I will review the relevant information and will get back to you as soon as possible.
Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.

Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you