|Constructive dismissal case law
The tribunal’s position as to constructive dismissal claims was clarified in a recent constructive dismissal case in 2009 [Bournemouth University Higher Education Corporation v Buckland (UKEAT/492/08)]
The Employment Appeals Tribunal held:
There are three distinct stages in deciding unfair dismissal claims:-
To establish constructive dismissal, the employee has to show that the employer had, without reasonable and proper cause, conducted himself in a manner calculated or likely, to destroy or seriously damage the relationship of trust and confidence.
- The employee has to have been dismissed
- The employer had to show a potentially fair reason for dismissal
- The tribunal had to decide if the reason was fair, or unfair, using the test of whether the employer’s behaviour was outside the band of reasonable responses applied.