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09 September 2010 / Heather Platt
Issue: 7432 / Categories: Features , Disciplinary&grievance procedures , Employment
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Out for the count?

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Heather Platt revisits the law of constructive dismissal

The law of constructive dismissal has seen some interesting developments in the last two years. The well settled principles in the leading case of Western Excavations (ECC) Ltd v Sharp [1978] QB 761 CA (Civ Div), [1978] IRLR 27 have provided clear guidance to lawyers and students for 30 odd years have been somewhat in the spotlight. There has been a line of authority which sought to apply the band of reasonable responses test to constructive unfair dismissal cases.

This article will consider the line of authority leading to the Court of Appeal decision of Bournemouth University Higher Education Corporation v Buckland [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb) and the more recent Employment Appeal Tribunal (EAT) cases in light of Buckland.

The law

The relevant law is set out in s 95(1)(c) Employment Rights Act 1996 (ERA 1996) but in reality is a hybrid between statutory and contract law, as the employee typically seeks to rely on breach

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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