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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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