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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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