Harper James advises businesses on employment contract disputes under the laws of England and Wales. Gathering evidence starts with identifying the contractual obligation, the alleged breach, and the loss or other consequence that followed.
Begin with the signed employment contract, including schedules, amendments and documents incorporated by reference. The relevant term may concern pay, working hours, confidentiality, intellectual property, notice, restrictive covenants, duties or disciplinary procedures. Staff handbooks, policies and offer letters require review because some provisions are contractual while others are guidance only.
Create a chronology showing the key events, dates, people involved and documents supporting each entry. Useful evidence includes emails, letters, instant messages, meeting notes, payslips, timesheets, expense records, performance records and witness accounts. Evidence should establish what was agreed, what happened, when it happened and the effect on the employer or employee.
Keep original documents in their original format where possible, with relevant metadata and a record of how each item was obtained. Avoid altering, annotating or selectively deleting material. Employers should preserve relevant business records, while employees should retain documents they are entitled to hold and avoid accessing systems or confidential information without authority.
Check the reliability and relevance of each item. A contemporaneous email generally provides a clearer record than a later recollection, but witness evidence remains important where discussions were informal. Audio or video recordings require careful assessment of how they were made, their context and their treatment under employment and data protection law. A subject access request is a data rights process, not a substitute for identifying the contractual term and proving the breach.
The evidence should be mapped against the legal issues, including whether a contractual term existed, whether it was breached, whether the breach was authorised or waived, and what remedy is available. Possible outcomes include payment of sums due, damages, an injunction in appropriate cases, or enforcement of post-termination restrictions. The value of a claim, limitation issues, confidentiality and the risk of a counterclaim should be assessed before correspondence is sent.
A structured bundle containing the contract, chronology, key communications and loss calculation supports a proportionate response. Depending on the dispute, the next step may be an internal investigation, grievance or disciplinary process, a formal letter before action, settlement discussions or court proceedings.