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Unfair dismissal: Range of reasonable responses test of no application in establishing constructive dismissal

This report relates to 1 case(s)

In Bournemouth University Higher Education Corporation v Buckland EAT/0492/08, the EAT held that the well-established contractual test for determining whether or not constructive dismissal has occurred should not be embellished by the introduction of the range of reasonable responses test, a concept that is properly confined to the law of unfair dismissal. In doing so, it declined to follow the EAT decisions in Abbey National plc v Fairbrother and Claridge v Daler Rowney Ltd.