Buckland v Bournemouth University
Encyclopedia
Buckland v Bournemouth University [2010] EWCA Civ 121 is a UK labour law case, concerning unfair dismissal
, now governed by the Employment Rights Act 1996
.
. The fails were endorsed by the second marker, and confirmed by the university’s examiner board, but the chair of the examiner board arranged for exam remarking and elevated some scores. Professor Buckland objected, there was an inquiry, and the inquiry criticised the board and vindicated Professor Buckland. Nevertheless, Professor Buckland resigned claiming constructive dismissal. The University argued that Professor Buckland had resigned of his own accord, and so there could be no claim for unfair dismissal because there was no dismissal.
The Employment Tribunal found the University committed a fundamental breach of good faith, not cured by the inquiry. The Employment Appeal Tribunal held the reasonable range of responses did not apply when examining whether there was a constructive dismissal, and upheld the Tribunal.
when considering whether there was a fundamental breach, an employer was not absolved if it showed its actions were within a reasonable range of responses, doubting Abbey National Plc v Fairbrother[2007] IRLR 320 and Claridge v Daler Rowney Ltd. To say that what was in a reasonable range of responses would determine a fundamental breach would drive "a coach and four" through the law of contract of which employment law was an integral part. On the argument that subsequent behaviour could ‘cure’ a fundamental breach of contract, this could not stand because its introduction into the general law of contract could not be justified. This did not mean that a wronged party may not affirm a contract, by continuing in a job.
Carnwath LJ and Jacob LJ concurred.
Unfair dismissal
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996...
, now governed by the Employment Rights Act 1996
Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
.
Facts
Professor Buckland taught environmental archaeology. He failed a high proportion of students on his course at Bournemouth UniversityBournemouth University
Bournemouth University is a university in and around the large south coast town of Bournemouth, UK...
. The fails were endorsed by the second marker, and confirmed by the university’s examiner board, but the chair of the examiner board arranged for exam remarking and elevated some scores. Professor Buckland objected, there was an inquiry, and the inquiry criticised the board and vindicated Professor Buckland. Nevertheless, Professor Buckland resigned claiming constructive dismissal. The University argued that Professor Buckland had resigned of his own accord, and so there could be no claim for unfair dismissal because there was no dismissal.
The Employment Tribunal found the University committed a fundamental breach of good faith, not cured by the inquiry. The Employment Appeal Tribunal held the reasonable range of responses did not apply when examining whether there was a constructive dismissal, and upheld the Tribunal.
Judgment
Sedley LJ held that, following Western Excavating (ECC) Ltd v SharpWestern Excavating (ECC) Ltd v Sharp
Western Excavating Ltd v Sharp [1978] ICR 221 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.-Facts:...
when considering whether there was a fundamental breach, an employer was not absolved if it showed its actions were within a reasonable range of responses, doubting Abbey National Plc v Fairbrother[2007] IRLR 320 and Claridge v Daler Rowney Ltd. To say that what was in a reasonable range of responses would determine a fundamental breach would drive "a coach and four" through the law of contract of which employment law was an integral part. On the argument that subsequent behaviour could ‘cure’ a fundamental breach of contract, this could not stand because its introduction into the general law of contract could not be justified. This did not mean that a wronged party may not affirm a contract, by continuing in a job.
Carnwath LJ and Jacob LJ concurred.