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No remedy for a constructive dismissal

Posted on 26th March 2010
Case law

The Court of Appeal has overturned a decision that an employer can remedy a breach of the implied term of trust and confidence.

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an employer is not able to remedy a breach of the implied term of trust confidence

Bournemouth University Higher Education Corporation v Buckland

This case is an update of No claim when employer upholds grievance. The Court of Appeal has decided that this decision is wrong and an employer is not able to remedy a breach of the implied term of trust confidence. This case removes the potential for employers to uphold grievances and avoid liability for an earlier breach of contract. This should not deter an employer. If an employer acknowledges wrong doing, an employee is less likely to resign and bring a claim.

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