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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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