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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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