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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:-

  • 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.
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.