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Constructive dismissal: Repudiatory breach cannot be "cured" to prevent constructive dismissal claim

This report relates to 1 case(s)

In Buckland v Bournemouth University Higher Education Corporation [2010] IRLR 445 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.