Constructive Dismissal Cannot Be ‘Cured`
04 March 2010
Following the Court of Appeal decision in Buckland v Bournemouth University, it was held that employers could not ‘cure` a fundamental breach of contract by taking subsequent steps to rectify it.
The ‘range of reasonable responses` test is therefore not the correct test in establishing whether an employer had committed a fundamental breach of contract entitling an employee to claim constructive dismissal. The Court of Appeal held that an objective test should be used.
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