Termination of employment > Constructive dismissal
XpertHR has 2 case reports
relating to the case: Buckland v Bournemouth University Higher Education Corporation  IRLR 445 CA.
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Constructive dismissal: Repudiatory breach cannot be "cured" to prevent constructive dismissal claim
Source: IRS Employment Review Date:
In Buckland v Bournemouth University Higher Education Corporation  EWCA Civ 121 CA, the Court of Appeal held that the "range of reasonable responses" test has no place in a tribunal's determination of whether or not there was a repudiatory breach of contract by the employer and constructive dismissal. It also held that such a breach cannot be "cured", so as to prevent the innocent party accepting the breach.
Buckland v Bournemouth University Higher Education Corporation
Source: XpertHR case report Date:
The Court of Appeal has held that the “range of reasonable responses” test is not appropriate for deciding whether or not there has been a repudiatory breach of contract in constructive dismissal cases and an employer cannot cure a repudiatory breach of contract before an employee decides to resign.