header-logo header-logo

09 September 2010 / Heather Platt
Issue: 7432 / Categories: Features , Disciplinary&grievance procedures , Employment
printer mail-detail

Out for the count?

bell_4

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 of the implied contractual term of trust and confidence. Which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll