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05 March 2010
Issue: 7407 / Categories: Case law , Law digest
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Employment

Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)

The test for assessing a claim for constructive dismissal did not include an assessment of the “range of reasonable responses” on the part of the employer when determining whether or not the employer was in fundamental breach of the implied term of trust and confidence in addition to its application when assessing the fairness of the employer’s conduct.

The test for breach of a fundamental term of the contract was an objective one. Although reasonableness might be a tool in the employment tribunal’s factual analysis kit for the determination of whether there had been a fundamental breach, it could not be a legal requirement.
 

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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