Buckland v Bournemouth University

''Buckland v Bournemouth University'' EWCA Civ 121
is a UK labour law">010
EWCA Civ 121
is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.

Facts

Professor Buckland taught environmental archaeology. He failed a high proportion of students on his course at Bournemouth University. 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

The appeal was allowed, and the University's cross-appeal was dismissed.

Sedley LJ held that, following '' Western Excavating (ECC) Ltd v Sharp'' 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'' and '' Claridge v Daler Rowney Ltd''.008ICR 1267, 008IRLR 672 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.

See also

* UK labour law

Notes

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References

*E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 17, 745

United Kingdom labour case law
Court of Appeal (England and Wales) cases
2010 in United Kingdom case law
Bournemouth University